Janice’s Journal: ACSOL Board Faced With “Sophie’s Choice” [updated with Guide to Tiers on Tiered Registry Bill]

During the five years in which this organization has existed, we have often heard a wish expressed – that registrants in California be treated differently, not the same.  That wish was expressed in many variations including that registrants should be treated differently according to their current risk or that registrants should be treated differently according to the offense for which they were convicted.

Those wishes are now nearing reality in the form of a tiered registry bill expected to be introduced in the state legislature early next year.  As drafted, the bill would treat registrants differently based upon both their current risk and the offense for which they were convicted by assigning them to tiers that would allow some registrants to automatically be removed from the registry while others could petition for removal after 10 or 20 years.  A final group would continue to remain on the registry for their lifetime.

If the proposed tiered registry bill becomes law, more than 10,000 registrants would “immediately” stop registering and about 60,000 registrants would “ultimately” stop registering.

The organization therefore is faced with a “Sophie’s choice”.  Do we agree to the “immediate” liberation of more than 10,000 registrants from the punishments inflicted by the registry and the “ultimate” liberation of about 60,000 registrants from the same punishments?  Or do we oppose the tiered registry because those who remain on the registry could be viewed as posing a greater risk than they actually do?  And if that latter choice is selected, all registrants will continue to suffer from the punishments inflicted by the registry for their lifetime.

The board of directors discussed this topic in depth a week ago during its annual face-to-face meeting.  No consensus was reached, however, in part because a copy of the bill was not yet available.  Now that the bill has become available, the choice the board must make is even more stark.

The board of directors will meet again on December 8 and in the interim, the opinions of registrants and their families about the bill are being gathered.  All opinions expressed prior to the meeting will be considered.  The board of directors may or may not make a final decision regarding the bill on December 8, however, to ensure that your opinion is heard by the board of directors, please add your comment to this article before that date.

Thank you.

— by Janice Bellucci

Draft Bill

Guide to Tiers on Tiered Registry Bill

(added on 11/21)

TIER 1 (10 years)

Misdemeanors
Indecent exposure (Pen. Code, § 314(1), (2)); sexual battery (Pen. Code, § 243.4(e)); inveigling/enticing a minor to have sex (Pen. Code, § 266); contacting a minor with intent to expose oneself or engage in lewd or lascivious behavior (Pen. Code, § 288.4(a)); possession of child pornography with intent to distribute, etc. (Pen. Code, § 311, 311.2); hiring a minor to perform prohibited acts (Pen. Code, § 311.4(a)); advertising for sale obscene matter depicting a minor (Pen. Code, § 311.10(a)); trafficking of a minor (Pen. Code, § 236.1(b), (c); possession of child pornography (Pen. Code, § 311.11(a)); annoy/molest a child under 18 (Pen. Code, § 647.6); contributing to the delinquency of a minor (Pen. Code, § 272).
Felonies
Inveigling/enticing a minor to have sex (Pen. Code, § 266); sending harmful matter to a minor (Pen. Code, § 288.2); contacting a minor with intent to commit a specified sexual offense (Pen. Code, § 288.3); contacting a minor with intent to expose oneself or engage in lewd or lascivious behavior (Pen. Code, § 288.4(a)); possession of child pornography with intent to distribute, etc. (Pen. Code, § 311, 311.2); hiring a minor to perform prohibited acts (Pen. Code, § 311.4(a)); advertising for sale obscene matter depicting a minor (Pen. Code, § 311.10(a)); trafficking of a minor (Pen. Code, § 236.1(b), (c); possession of child pornography (Pen. Code, § 311.11(a).)

TIER 2 (20 years)

The following offenses, most of which are serious or violent described in subdivision (c) of section 667.5 or subdivision (c) of section 1192.7:

Assault with intent to commit described sex crimes (Pen. Code, § 220); rape (Pen. Code, § 261); spousal rape with force or violence ((Pen. Code, § 262); rape in concert (Pen. Code, § 264.1); abduction for purposes of prostitution (Pen. Code, § 267); incest (Pen. Code, § 285); forcible sodomy or sodomy of a minor under 14 (Pen. Code, § 286); lewd or lascivious acts with a child under 14 (Pen. Code, § 288); continuous sexual abuse of a child (Pen. Code, § 288.5); forcible oral copulation or oral copulation of a minor under 14 (Pen. Code, § 288a); forcible foreign object penetration or foreign object penetration of a minor under 14 (Pen. Code, § 289, subds. (b), (d), (e)); sexual battery (Pen. Code, § 243.4(a), (d)); solicitation of rape (Pen. Code, § 653f, subd. (c)); trafficking a minor (Pen. Code, § 236.1, subds. (b), (c); out-of-state sex offenders required to register in California whose offense is not equivalent to a California registrable offense (Pen. Code, § 290.005).

TIER 3 (Lifetime)

Murder with intent to commit a specified sex offense (Pen. Code, § 187)
Kidnap with intent to commit a specified sex offense (Pen. Code, § 207, 209)
Sexually violent predators (Welf. & Inst. Code, § 6600 et seq.)
Sex offenders sentenced to life term (Pen. Code, § 667.71)
Repeat felony child molestation (Pen. Code, § 288(a))
Forcible lewd or lascivious act on a child under 14 (Pen. Code, § 288(b))
Aggravated child molestation (Pen. Code, § 269)
Sex crimes with child age 10 or younger (Pen. Code, § 288.7)
Registered sex offenders who are convicted of a second and violent sex offense
Assault with intent to commit a specified sex offense in the commission of a first degree burglary (Pen. Code, § 220(b))
Offenders with well above average risk level (formerly denominated high risk) on the state static risk assessment instrument (Pen. Code, § 290.04)
Habitual sexual offenders (Pen. Code, § 667.71)
Out-of-state sex offenders in California who have been assessed with well above average risk level on the state static risk assessment instrument (Pen. Code, § 290.04)
Out-of-state sex offenders in California who have ever been civilly committed to a mental hospital in a proceeding equivalent to California’s sexually violent predator proceedings (Welf. & Inst. Code, § 6600 et seq.)
Offenders sentenced to 15 or 25 years to life for an offense listed in Section 667.61

Note: All described registrable offenses include any attempt or conspiracy to commit these crimes.

Related

Los Angeles DA to Co-Sponsor Tiered Registry Bill

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Perhaps this is one of the last few comments before decisions are made about whether to modify,oppose or endorse this bill.let me remind everyone that the piling on of additional restrictions (sora,megans law,etc) is unconstitutional at both state and federal levels.to use the arguement that it is not punitive cannot hold up any longer. Additional restrictions and laws are ex post facto punishment. California may have a lifetime registration for all sex offenders presently but additional restrictions after ones conviction should not be applied. And its not right to alter registration time into tiers,singling out and changing who will get off in this ammount of years.many registered citizens would not have agreed to a so called plea ‘bargain’ had they known of these future restrictions as well as the public registry.everyone should get off registration after parole. The police have their own records. Thats enough. California,let your people go.there are other jobs than hounding people with the lowest recidivism rates. Easy money is often not good money.

This tiered registration bill is actually worse than the lifetime bill that we now have. Oppose it! Do not support it!

I don’t understand the 1987 thing! I was sited for peeing in public type situation only. Nothing before, Nothing after. I never even went to jail. From court I was assigned a probation officer for 1 year and told to check in with the SO to register for life. I did community service and got off of probation in only 6 months because the Judge realized the insignificance in nature of my crime and I followed all the orders promptly. He told me he never saw anyone complete their community service as consistently as me and complete it so fast. I even went to counseling for a couple months and was given a report to hand in stating that I was not at risk to ever offend again. I wanted to put it all in the past after that first 6 months was over but for the last 23 years I’ve had to feel the shame and register as a SEX OFFENDER. I have been told it is not punitive, however, I live in a small to medium town. I know the Administrators at the local college. I actually have several police officer and sheriff friends that I’ve made over the years. Most of them don’t know anything about it. What if I get pulled over? I wanted to go to college many times and better my situation. But if I register with the campus police, Administration finds out, That person knows me and my family and where I work. They tell one person and I can get fired for being a SEX OFFENDER. When the ordinance was in place for distance restrictions to Parks and Schools with my kids, I would go paranoid that I was going to get in some kind of trouble. Every time see people In the back of my head i’m thinking SEX OFFENDER. SEX OFFENDER. I feel so bad inside and get depressed. I’ve done nothing to deserve these things! I don’t even have parking tickets! I have been held back in my education and many other things because of this. IT IS PUNITIVE!! I feel it every day! I have often thought of offing myself because of it. I would never do that but I’ve gone down that thought process many times. In conclusion: What did I do that makes me not fall off because I got convicted 1 time for misdemeanor indecent exposure in 1994. Where people that have done much worst but got convicted pre 1987 get to fall of and not have to petition. I’m being selfish because I want a Tiered System as I know I will be able to get this put behind me soon. But if I”m supposed to only spend 10 years and I’ve almost hit 23 years, why should I have to petition for relief? Why even say that a Tier 1 will be relieved of duty to register after 10 years if that is not really true?

I do not agree with this bill.

This is the day. So what’s the word from the board: yea, nay or a little of both?

Can someone enlighten me as to where I fall on this tiered system.. I can’t seem to be able to although I am assuming I’m tier one. Very low static 99 either 0 or 1, can’t remember, very low on mandatory SO class.
charged with 288(c)(1) and 288a(b)(1)
No prison. 5 years probation off in 4 years.
Also does “time of completion of the designated tier runs from the date of release from custody” refer to incarceration time only or would that include probation, meaning time starts after release from probation?
Thank you to whomever can answer these questions for me.

I see more responses that are opposed to a tiered registry. Even those who live in states that currently have the tiered registry advise against it, and that should be our first clue. During the time a tiered registry would be introduced, I can just visualize all the new laws they will try to implement. It could even effect those “lucky” ones who might get off if they introduce new rules, which will be their rules of course. It will give them added ammunition. I am not in favor of this at all. It will also prove to them that a registry is necessary. I’d rather keep fighting to get it abolished all together. There are class action suits, mass action suits, and we are becoming more angry. Enough is enough!

Does anyone know what the Static-99 scores are for Tier II?
The main post only mentions the Static-99 scores for Tier III (well above average risk level).

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