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California

SB 421 Update

The Appropriations Committee placed SB 421 in its Suspense File. The bill must be released from that file before it can be considered on the floor of the Assembly. The deadline for floor consideration is Sept. 15. If the bill does not get released from the Suspense File in time for consideration on the Assembly floor, it is dead.

— Janice Bellucci

Join the discussion

  1. T

    I think they’re doing this to stop the bill from passing and becoming law, but why are they really doing this?

    • Jeff

      They need someone to hate and to spread fear amongst the people. They know if there was no one to hate people would take out their hate on the politicians

    • Timmr

      Well, one thing it won’t do is make us panic and lose trust in our leaders — unless we choose to do that ourselves.

      • Q

        To play the devils advocate; I’ve lost trust in our leaders a long time ago. Just look at what they’ve done and how long they’ve let it go on. If you dig deep enough you will find that much of this has to do with money on several levels. Some of our leaders have built much of their careers on keeping the lie alive. The Runners come to mind; may she rot where she is. And Look at how they hang onto the lie and refuse to acknowledge the truth that we are not the dangerous people they claim us to be. These so called “leaders” could stop the oppressive treatment if they wanted to; but they don’t because they are liars and cowards. They’ve sold their soul’s When it comes to us – the created problem. They fear losing standing were they to be struck by a fit of honesty and advocate for the truth. For their kind the truth is lies and lies are the truth. Watch what they do, not what they say.

        Had to sat it even though I think you were being sarcastic 🙂

        • Timmr

          I ran out of edit time. That wasn’t what I meant, but it works if it is sarcastic, but doesn’t address T’s comment. The leaders I was meaning were those at ACSOL. To answer T, I think they are doing this to undo unity amongst us and destroy opposition. We can fall for that or not. They can’t make us divided without our help.

    • Thomas

      This bill was never intended to pass. Everyone was made to think it was possible. Politics of fear always prevail. Registration makes jobs=money=votes. Nothing will ever change.

    • adrian

      I really thought we had the momentum to get this passed;
      Like my neighbor uttered over cold beers “if you wouldn’t have got busted”
      you’d not have people playing god with peoples lives

  2. Robert R.

    It is not the best news, but it is not over.

  3. David

    I’m concerned that all of the amendments to SB421 make it unreadable, incomprehensible, and, ultimately, unworkable.
    (I pray the Pennsylvania decision’s impact will snowball and finally crush all SO Registries.)

    • Eric

      You know David, that might really be the higher ideal to shoot for. We are all hoping for this tiered registry to give some relief to some, yet still accepting the unconstitutionality of the abuse and stigmatism of having to be on a public registry. I can’t even sleep over at my woman’s house because I would have to register that address and then her house would come up on the registry. How is that judicious?

      • pgm111

        Eric,

        I have been dealing with this same issue of staying at my girlfriend’s apartment. Here is what I do and it is perfectly appropriate according to my Federal probation officer and a Federal judge.

        I register my apartment address as my “home” and I stay there often. My mail is delivered there and my personal possessions are there too. That said, I stay at my girlfriend’s apartment several nights a week and it is perfectly legal. There is no need to register her address. In fact, my probation officer is aware that I am doing this, is unaware of her actual address and fine with the whole thing.

        I stand up to all this nonsense and push back at every opportunity. I strongly suggest that we all take the same approach.

        • C

          Neighbors have never been a real problem for me. The worst aspect has been employment in my field and, since we had kids –
          participating in their education, attending Back to School Night, Christmas plays, etc. Not having parties attended by all their classmates, etc. Breaks my heart and theirs time and again. Can’t solve those issues by sleeping at someone else’s house.

    • Timmr

      Perfect, a great bill to challenge the registry on then. I am loving how the opposition is panicking, fearful they will loose their sacred lifetime registry, but messing up any chance to keep a reasonable and constitutionally resilient registry.

  4. Rodney

    Sex offender registration is a life sentence in California.

  5. Harry

    I am too old to see any changes in the CA Registry. It is best to pool our monitory and talent resources and go for the neck and cut the registry at the national level. Dig out the root and no more chopping of the limbs.

    • Eric

      Yes, that, in truth, is what needs to happen.

      • Roger

        If anyone wants to make some major donations to ACSOL, I’m sure that Janice would talk with you about the possibility of more lawsuits. It is hard to find attorneys who will fight for us and who won’t charge too much.

        • JoeBlo

          You’re SO correct Roger. Let’s dig deep. Of what we have left. Most of us can’t even work let alone hide from workers spotting us. Our Atty deserve more funding since not even my Atty will take on the Gov

        • Computer Nerd

          I have proposed one out-of-the-box means of funding. I am one of those from which $8000 was stolen by one of these bogus registry attorneys that takes the money and then does nothing and threatens you to do anything about it. He used threatening language against me when I was in fear and naïve. I would be very willing to turn over any money recovered to the organization. My concept is that we compile all of these cases and allow the organization to sue on our behalf and recover the money and then keep the money and use it for their needs.

          Another thing that should be set up if not already set up is standard documents that will allow people to privately and inconspicuously leave money to the organization in their wills and trusts. This doesn’t sound like something that would help immediately but when you’re dealing with a large pool of people some of us are likely to pass on unexpectedly before others which indicates that over time it would be helpful to the organization.

  6. Matt

    Elected people and law enforcement have created the conditions we have now. Expecting these same people to A) correct their own mistakes, and B) put their careers on the line for people like us, is simply not realistic. Section 290 of the Penal Code is bad law. And it has gown to be a worse law. Fixing a bad law with another bad law is not the answer. Has anybody noticed that every single time 290 laws get amended, it gets worse for us? Every single time there is a “Name Law” it gets worse for us. Janice has done an amazing thing here by getting law makers to even listen to her. I respect and appreciate those efforts. But I think the logic is flawed. The only way we have a reasonable chance at fixing or removing bad law is through the judiciary branch; not the legislative branch. And by the way, that’s the way our government is designed to work, right? The judiciary keeps the legislative branch in check. I DO understand that taking cases to “Big-Boy-Court” can backfire; we could lose; or we could wind up with another “frightening and high” situation. It can take years; and it’s expensive. I get it. But I think it’s a much better way to go. We can present arguments. They can vote for or against us in court. But there is a lot less chaos in the judicial side.

    • JoeBlo

      I got you Matt. Feeling it…most of the time…

    • kind of living

      @Matt ,,,, , I fear we will be stuck with this model of this bill , but don’t fight it , you will just be labeled some kind of a freakazoid for standing up for your own personal feelings / “thinking” , LEO’s are our friends , and feel the system is so bogged down, and the registry is to bloated , and they only want be able to watch the “Dangerous ones better” not because they don’t want loose their binky , we can now trust them , Senator Wiener is our friend ! its good they send us to the corn , LEO’s realize they made a mistake pushing fear and hate , they care about our family , if this bill pass’s LEO’s will push to fix problems making it harder for RC’s , they love us secretly ! they would never morph on us , like I have said before I am truly happy for anyone that can get off this registry , you cant even begin to know how much I mean that , I am just left with the dread of what price it will be for those left on , with LEO”s running amuck making it harder for us , and all the people we love and care about , because our miss fortune will be theirs as well , the tier system is not a magic opening we can all past through , the constitution was to put into place to protect us from oppression of the body’s gov’t that would surly make laws to enslave us , the tier system enslave us to a regulation that punish people for life even if they were already punished long ago ,,,forever on the whipping post for public to enjoy , many worse criminals than the people they are punishing , those people have real rights , good luck to all no matter the outcome

  7. TG

    Janice, I think a lot of are wondering what you think of these latest developments.

    What’s your analysis of the latest version of SB 421?

    Is the fact that the bill is in the suspense file an expected development?

    Pamela said the assembly appropriations committee will consider the suspense bills on or by sept. 1, and that the bill is by no means dead. Is she right?

    • TG

      I am also wondering about one of Pamela’s comments. She said that, if passed out of the Assembly on Sept. 1, it must go for few other steps, since it was amended.

      Is there time for all that before the Sept. 15 deadline?

      • AlexO

        Yes, there is time. These few last few votes can and have been done in rapid pace, sometimes making all those rounds in a single day. It’s not the cleanest process when it comes so close to the deadline, but it is done so in fair amount of cases.

  8. Aero1

    I’m never geting my hopes up agen

  9. Atheistically Yours

    Nearly every single bill from the 08/23 Assembly Appropriations Committee hearing went to the “Suspense File”. Apparently if ANY legislation will cost the state MORE THEN $150,000 to implement (its the committee’s “barometer” amount!), it AUTOMATICALLY goes to the “Suspense” file. The “analysis” of this bill from the Assembly Appropriations Committee is about the same as the SENATE’S Appropriations Committee (it went to Suspense File there also-because of the state budget!). I think getting this bill PASSED is infinitely more important then the “Prop. 57” regulations changes, so “stalking” the Assembly Appropriations Committee is important, and then your individual Assemblymember is vital. If it does not pass both chambers BY 09/15/17, THEN it is truly dead!

    • ivan diaz

      thank you atleast someone knows how to do their research before posting what they assume is why.

  10. Paul

    Unfortunately, this was inevitable. Tiered bills come up every few years; everyone gets their hopes up; and then lawmakers get soft and quash the whole thing. This is precisely why I moved to a state with automatic termination after 10 years (I’m now free of the ridiculousness of the registry).

    Until SCOTUS realizes that lawmakers took their Doe decision, and used it as a blank check to write all kinds of asinine, irrational laws, this will live on.

    God speed my friends.

    • Relief Is 2023

      @Paul: All the states we reviewed (except Colorado) had a clause similar to ~ “10 years OR the duration of your current state of conviction” to prevent state hopping.

      This worked for you? Also, as you prob know, you are now under the FED SORNA jurisdiction (Interstate Movement) meaning you would still get the IML/Angel watch notices. Although I guess you do not have to give a 21 day travel notice.

    • jo

      Hi, intrigued by your comment. Are you saying you were CA registrant, but moved to another state and then were able to get off the registry there? What state?

    • Eric

      What state is that may I ask?

    • nylevel1

      Please tell us what state you are in.

    • Nicholas Maietta

      Yes what state?

    • HOOKSCAR

      @Paul,
      People are asking you a question. I know my fiancé and I would loooove to know what state. Been regestering for 18 years now. C’mon bro. Cough it up.

      • Relief Is 2023

        @HOOKSCAR: I’m not sure about Paul’s state, but Colorado specifically allows those who move there with out of state offense to file a simple petition for removal even if your state [California] is for life.

        I talked with a law firm in Denver who have done nearly 100 cases and has an 80-90% success rate. In the past 5 years, about 4,500 (out of 20,000 registrants) have gotten relief by petition. [They charge ~$3,000 total including all court fees btw.]

        Look at the Colorado Statues for how your offense compares and if it’s allowed for early relief.

        • NotLikingCA

          So, could a CA resident move to CO, get off the registry, and then move back to CA unregistered?

        • Relief Is 2023

          @NotLikingCA: No. You will always be required to register in CA upon your return or when moving to another state. (The conviction doesn’t go away.) Also any state that eventually allows a person to successfully petition to not register only means in that state you no longer need to register. You will always need to know and obey visiting SO laws while in another state and the Feds still consider you a life time Registrant.

          For example, Intl travel notices will still be sent out.

          Moving across state lines is complex and subjects a person to SORNA/Fed jurisdiction and a knowledgeable attorney should be consulted before making any decision.

          Moving to another state for relief is not advisable and it also cancels out time required for a COR, if that can apply.

        • ExpatRFSO

          I have never heard of a state that requires you to notify them of a visit (other than Las Vegas where all felons must register when visiting) if you aren’t required to register in your state of residence. Perhaps you can enlighten me.

          According to Janice, ICE maintains they have the right to send IML notices for international travel, but claim they don’t for those not required to register. Having said that, she knows of at least 2 cases where they did notify. When confronted, each times, ICE’s response was. “Oops. We make a mistake.” In reality they can do what they want and tell Janice and us what they want.

        • Relief Is 2023

          @ExpatRFSO: On state visits I just said “know and obey” as they may exist or could change. I heard about vegas and do not know for sure on FL but would definitely research that state.

          As for the Intl Travel Notices, it appears they will be sent out and the two examples you mentioned is true for relief granted by the state of conviction which is very different from not having to register in another state. NCIC still has the California conviction and the SO registration requirement/info which feeds into the Marshal program/ CBP until Cal DOJ rescinds. The other state relief does not change that fact.

          There is even an example in the International thread on this web site from ~2015 where a registrant from Texas with a Texas conviction who got Texas relief had a notice sent to Mexico. Turns out he visited FL for 5 days and did the visitors registration a decade earlier while there and so the DOJ would therefore send notices.

          He eventually managed to have FL send the US DOJ an updated release and then could finally travel w/o the notices.

        • AJ

          @ExpatRFSO:
          Really? From the laws of the handful of states I read, they all require registration, regardless of the status in your home state. Many states, specially define “resident” purely for RC purposes, and also fashion their laws based on conviction of any offense similar to ones in that state’s laws. I could probably find a bunch, but I recall, MS, LA, SC, WV and perhaps TX all having requirements like this. FL certainly comes to mind as one that doesn’t care about your status anywhere else, given they make everyone for life. Other states, MN comes to mind, have you register for the longer of theirs or your state’s requirement.

          I’m curious what states you know of that honor your being off your conviction state’s registry as good enough for them (aside from maybe MN, as mentioned).

        • Notgivingup @Relief Is 2023

          @Relief Is 2023, Could you post the law firms name in Denver?
          Thank you

        • Relief Is 2023

          @NotGivingUp: This was about 2 years ago, but here it is:

          (Also see Paul’s good comment on relief in D.C.)

          O’Malley Law Office, P.C.
          7340 E. Caley Avenue, Suite 360
          Centennial, CO 80111
          Office 303.830.0880
          Fax 303.830.3138
          http://www.omalleylawoffice.com

      • AJ

        Paul is almost certainly in PA, given he’s trying to find out how to file papers due to the Muniz decision in PA.

        • Paul

          Wrong Paul, but that’s ok. I’m the original “Paul”; been on this site since 2013. The new “Paul” might be in PA, but I am not. I will be posting a response shortly regarding my relief from the registry.
          Thanks.

        • Paul

          Posted. See below.

      • Paul

        Hello all
        I’m writing a detailed response including my history, experience, and how I received relief by moving. I’ll be posting it soon. Thanks.

      • Paul

        Posted. See below at the bottom of this thread.

    • michael

      what state is it that you live? im in kansas and the laws here are pretty lax but employment is low paying and there is nothing to do here in terms of employment.

  11. American Detained in America

    They tampered with too much. One of the last minute additions was that it wouldn’t do a thing until 2021, giving them 4 years to mess with it more or even to repeal it. For some of us who would be Tier 1 and have already done 10 years on the registry, that means another four years before we even have a chance of getting off of it, which would still be doubtful. It was also changed so much, it was even harder to understand…it wend from being a barely acceptable bill to a near worthless one.

    • Relief Is 2023

      @American Detained in America: SB 421 allows the DOJ to delay Tier placement and hence termination by 2 additional years if any info is missing, ie, No STATIC 99 scrore, incomplete info on ML, etc. So, really it’s 2023 and beyond!

      Then the courts will be bogged down by 1000’s petitioning. So 6+ years from NOW! And that’s if it passes and everything goes “well”….

    • Not Really

      Agreed, is there any video online that shows who made the changes and why?

      • AlexO

        I meant to post this here but ended posting to another someplace else instead.

        From the giant thread here: https://all4consolaws.org/2017/08/ca-action-alert-support-sb-421-call-assy-approp-committee/

        Matthew posted this and confirmed this is the person largely responsible for these amendments:

        Matthew
        August 23, 2017
        It can be moved out, but if I remember right, this bill had to be in Assembly by September 15th. I am not sure how they will be able to unsuspend it and vote on it in 3 weeks with the information that is being asked (financial).
        What is crazy is the person who Senator Weiner was working on this with [Senator Weiner is the man who’s sponsoring this bill and actually trying to help], blasted even the amended version.

        Erin Runnion
        July 11 · Locke ·
        Sadly, SB 421 passed the State Assembly public safety committee today. They did say that they want me to work with the bill’s authors to suggest amendments. As it stands, if enacted 55,000 offenders will be immediately eligible to be permanently erased from both the Megan’s Law public registry as well as the one used by law enforcement to ensure compliance. It will cost $86million in the first five years alone just to process all of the applications for removal. That doesn’t count the cost to local agencies who first review the apps. Victims will have no idea where their perpetrators are and the public will have no way of knowing if they’re new friend is a sex offender. Contact your representatives, please! #BeBRAVE advocates

        • David

          If this law going into effect would cost “$86 million in the first 5 years”, I’d love to know how many millions have already been wasted on Registries since their inception. (And once those ex-offenders are removed from the registry, how many millions will be saved by not having to monitor, track or do annual+ paperwork on them?)

  12. California blues

    Instinctuallly, as this latest chapter has played out, I’ve been looking for explanations….ie the cryptic ‘call but dont attend the hearing’ request (which my partner whose been a registrant 31 years now amd myself both did the calls), the last minute monday morning “amendments”that all but gutted the bill and destroyed again our hopes, the apparently not unusual path of suspense file/subsequant considerations and ultimate deadlines to anticipate, etc. But except for this kwik jingle from janice its been eardrum breaking….silence from above. But wait, Janice has a life too, as does Chance, they could be ill, or have a relative ill, they could be buried up to their ears in behind the scenes maneuvering…etc. Unfortunately my instinct is not informed.
    But my intuition tells me we’re barking up the wrong tree here folks, and need to focus our resources on the courts…and cutting out the cancer instead of all this radiation and chemo which has some success and so keeps us alive, sans any healthy qualitatative life experiences. While lifes still worth living dressed in a robe and slippers, with hair falling out and a lot of toilet contributions from both ends daily, the prospects are ever dim. My partners female, an lgbt member, and the sweetest thing youd ever hope to meet. She doesnt mind being outed, her case is a wobbler nc plea from 1986, take her case to the courts via expostfacto, or whatever, sorna and the whole gig are punitive, illegal, and dont work anyhoo! Find the best case amongst us! something!! And lets GO!

  13. Atheistically Yours

    The “01/01/2021 “Sunset” date of SB 421 is stated for this bill’s provisions to EXPIRE, not BECOME EFFECTIVE. WHERE in the bill would the date of 01/01/2021 be found as an “effective” date, if the bill gets passed, signed, and goes INTO EFFECT on 01/01/2018? It’s all bullshit in any case! What is the point of having a bill to allow for registrants to GET OFF an over-burdened registry if it will take THREE DAMNED YEARS to get off of it? Where is the sanity?

    • AlexO

      The entire bill is now basically in two sections. They put back in everything that’s currently in place with a single amendment to each of this current sections of “valid until 01/01/2021”.

      After each of these existing sections is all the new stuff in blue, which all end with “effective 01/01/2021”.

      It’s why a lot of the stuff in black looks very similar to the stuff in blue.

    • steve

      from the amended version:

      “SB 421, effective January 1, 2021, creates a tiered registry in California”

    • Nondescript

      The sunset date of 1/1/2021 is when the old language is repealed. With the new amendments it now states after every section :This section shall become operative on January 1, 2021. Operative and effective mean essentially the same thing- when the directives of the law can be implemented.

      I expected this bill to be sent to the suspense file yesterday, as it was on May 15th because of the significant fiscal impact. It is protocol. The last minute amendments that have been added and subtracted probably make it easier for the Governor to sign.

      I still think it is going to pass. They have not been able to pass sex offender legislation retroactively for a couple of years now ( the internet identifier one got watered down and was applied prospectively) mostly because there are forces working against them now and the registry is for life which makes retroactivity even more obviously punitive. They need their tiers.

    • American Detained in America

      It’s the registry, sanity has nothing to do with it!

  14. Jack

    Well it’s no good to me, since everybody’s still on the website, and it gets repealed in 2021? I’m sorry but honestly this bill sounds like a joke. Hope they kill it.

    • AlexO

      From the giant thread here: https://all4consolaws.org/2017/08/ca-action-alert-support-sb-421-call-assy-approp-committee/

      Matthew posted this and confirmed this is the person largely responsible for these amendments:

      Matthew
      August 23, 2017
      It can be moved out, but if I remember right, this bill had to be in Assembly by September 15th. I am not sure how they will be able to unsuspend it and vote on it in 3 weeks with the information that is being asked (financial).
      What is crazy is the person who Senator Weiner was working on this with [Senator Weiner is the man who’s sponsoring this bill and actually trying to help], blasted even the amended version.

      Erin Runnion
      July 11 · Locke ·
      Sadly, SB 421 passed the State Assembly public safety committee today. They did say that they want me to work with the bill’s authors to suggest amendments. As it stands, if enacted 55,000 offenders will be immediately eligible to be permanently erased from both the Megan’s Law public registry as well as the one used by law enforcement to ensure compliance. It will cost $86million in the first five years alone just to process all of the applications for removal. That doesn’t count the cost to local agencies who first review the apps. Victims will have no idea where their perpetrators are and the public will have no way of knowing if they’re new friend is a sex offender. Contact your representatives, please! #BeBRAVE advocates

  15. Jack

    @ Aesthetically yours, and then in 2021 it’s just going to to back to exactly the way it is now. There’s not really much point to passing this in its current form even though it would theoretically allow some people to try to get off of it. But not much on the whole. I mean it certainly isn’t going to drastically reduce the number of people on the registry, so it still won’t really work. People just wont use it. Oh well.

    • AlexO

      You’re reading it backwards. Should the bill pass as is, the registry would remain the same until 2021, and then become what the bill states.

      • Computer Nerd

        Thanks for doing another clarification. We will need to keep clarifying for people that the change delays it’s implementation until 2021. That can still be good in terms of a gradual process. For example it would be easier to change an existing bill to take place on an earlier date than to pass the bill to begin with. It also establishes something in law tthat can be referred to by an attorney. This also gives me a point of hope in my life where I can start living a little more like a human being. I don’t have to avoid getting my picture taken with my favorite politician or making a comment while joining a protest on a corner or fearing that a business associate will stumble upon this information.

  16. Jack

    Janice, honestly what is going on in this bill? I read section (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

    Then I read at the end of it (g) This section shall become operative on January 1, 2021. So what is this? Is it repealed in 2021 or not?

    • AlexO

      The sections in regular black ink will remain in effect until 2021 (so what we have now). The sections in blue will then replace all the sections in black in 2021.

    • Rodney

      I am not an attorney but this wording seems clear to me:
      SB 421, as amended,
      “This bill would, COMMENCING January 1, 2021, instead establish 3 tiers of registration based on specified criteria.”
      Commencing meaning beginning [as of].

  17. USA

    Very intriguing. The ruling in Pennsylvania certainly sheds light on all of us! When I plead 20-21 years ago, you went down to the police station and registered. No websites etc existed. Yet, the laws continued to change and I might have changed my plea, had I known the laws existed as they do today.
    This would be interesting. I plead to a now expunged battery 20 years ago/informal probation. It’s time to move on! It’s ancient history

    • JAB

      @USA. Exactly what I am saying. Plea deal back in 1990, only annual, no internet bs and the major emotional stress that comes with it. If we would’ve known back then what we would be subjected to today I would’ve taken my chances on a trial . This is the only crime where you could be subject to extreme and unusual double jeopardy type punishment. None of us prior to that new Internet law should’ve been grandfathered in. Maybe that’s the way we need to start pushing and pushing is that route similar to Pennsylvania. I know these backward head judges don’t look at it as being cruel and then usual but it really is. And what you plead to a year ago was a yearly annual registration not subject to Internet disclosures. And to the legislative member that added all those ridiculous amendments, tell me how much children are protected prior to the Internet compared to now. I guarantee there is not one bit of difference in the amount of sex crimes for past offenders. I bet you the majority of are new cases. It’s just really really sad how these laws are implemented based on emotion and nothing more. What happened to her child was a child rapist murderer, that is not what the most of us represent on this registry. And we need to stand up and refuse to be compared to monsters like that. Yeah I know wishful thinking, but I am just so emotionally done after this roller coaster with SB 421.

  18. nylevel1

    What state are you in that caps at 10 years?

  19. 31 years of 290

    I actually thought this bill had a chance of passing but as it currently is written it needs to be put in the trash along with the so called brave, heroic, representatives that allowed all the changes! For it not to be enacted until 2021 is ridiculous! What a bunch of cowards they all turned out to be.

    • totally against public registry

      I agree with you….these representatives are cowards. Victims’ organizations are fueling them, controlling them and they don’t care to admit the truth. These are the cowards we elected and yes California is supposed to be a more liberal state but it’s proving to be a horribly closed-minded state after all!

      Maybe it is a good thing to have a ballooned registry that keeps ballooning…it is destined to pop one day!
      I think the fight should be on the Federal level. We have to bring down the PUBLIC part of it first.
      It’s hard to fight against an injustice if you can’t go out and earn a living or find a place to live because the RSO websites are causing havoc and destruction.

    • Neil Fisher

      So the state put SB 421 in limbo. I have said it and will say this again write , call, email do whatever you can to the California Sex Offender Management Board stating the following” for the board to support it and to advise and to voice its recommendations that anyone who does not support this new updated law (the tier system) is in fact being weak on sex crimes and the dangerous sex offenders) by keeping the older system that we have now that is broke and no longer does as it was intended is in fact are being weak and by supporting the newer updated system one is being strong on sex crimes and the dangerous sex offenders”
      And when ever you can by any media state the same that by updating to the newer updated version through SB421 one is being strong on their views of sex crimes and dangerous sex offenders otherwise one is being weak on crime.
      NeilbFisher

  20. mike

    Hello, what was wondering is while we’re fighting for and waiting for the tiered registry law goes through why don’t we all unite and find all gov. Studies that prove recidivism is the lowest plus prove that this registry law is cruel and unusual punishment then they have to take it down, if we all do this we can get this done, this info is out there and let’s unite and fix this.

    • Roger

      Mike, I wish it was that easy, and it would be if we were all robots or Vulcans or some other logical beings with no emotions.

      But the reality is that humans are emotional creatures, too easily driven by their fears. We believe what we feel is most comfortable and justify it with insane, twisted logic (as you can see by the crazy politics of this bill and what is going on in Washington).

      Telling politicians and the public the statistics and facts and numbers is a necessary part of ACSOL’s strategy. ACSOL hands out undeniable statistics and facts as an integrated part of our outreach to legislators and the public. But many people DON’T CARE ABOUT THE FACTS. They brainwashed themselves and others that registrants are dangerous monsters.

      For example, many politicians feel (but will rarely say) things like this: “Don’t bother me with the facts. I have to give my constituents what they want, even if their fears are just insubstantial shadows. I want to get reelected, so since I have been telling them the wrong information for decades, I have to keep on telling it to save my pride and my position. Damn the facts, I’ll rationalize what I want to believe!”

      Therefore, we need multiple strategies to change laws, block bad bills, and lessen fear of registrants.

      That starts with you and us registrants being educated in what ACSOL is doing on multiple fronts, coming with us to see how messy it is to make or support laws, and seeing how there are a lot of us working together for a better future.

      And we WILL have a better future by supporting Janice and Chance and the rest of ACSOL and all us members. Think of how bad things would be now in California with residence and presence restrictions still in effect. If we had all isolated and just laid low and hoped the flood of laws wouldn’t flush us out of our hiding holes, we’d be in a living hell now, FAR worse than we have it now.

      So get a major infusion of hope by taking action, specifically by following Janice’s recommendations on her alerts and keeping informed by the posts on this website.

      I hope you and everyone reading this will join us Sept 1 in Sacramento to fight for the rights of incarcerated
      sex offenders.

    • Neil Fisher

      See my comment on SB 421 . The only way is to make this bill work is to prove that by not supporting it one is truly being weak and supports sex crimes that is the last thing persons in authority wants the public to believe . Support SB 421 the new updated Tier System and you are strong on sex crimes and the dangerous sex offenders don’t support it then you are being weak. Voice that anyway to everyone you can

  21. KM

    Well my plan B seems to be more necessary now. Though I kinda prefer it to this amended Bill. My idea is that with all the courts recognizing the SOR as punitive, isn’t 290’s application of lifetime punishment a violation of constitutional rights, especially as to misdemeanants? I can’t imagine any court now sayuing that its ok to have a lifetime punitive measure for a misdemeanor. I think this is the end for 290 in its current form, one way or another.

  22. j

    22 years of this 290

  23. Has Had it...

    I’ve done my time for a non-violent, non-contact crime. I’ve lost my job a long time ago as a result and have become unhireable.

    I’ve done my time and have gone through the stupid ankle monitors, lie detector tests, ridiculous fines, and probation that seems worse than jail.

    After all that shit, they still own me for the rest of my life. I live in fear everyday.

    There will always be these self-righteous, corrupt assholes in Sacramento who will never give us a chance and would rather throw us all in a hole to die.

    And they say California is a liberal and progressive state?

    • C

      “And they say California is a liberal and progressive state?”

      Yea, ain’t that a hoot?

      • Harry

        What I have been witnessing lately, liberals are not progressive they are another form of oppressive control.

  24. 31 years of 290

    So as of this morning (8-25-17) the California Assembly Appropriations Committee website is showing SB421 to be having a hearing on 9-1-17 so maybe it hasn’t completely been shelved, even if it passes though the way it is currently written it will take 3 years to become law – hopefully the plan is to change this once it is passed, maybe next year they can rewrite the 2021 part.

    • Relief Is 2023

      @31 years of 290: It most likely is a requirement from DOJ that they can not get the Tiering records/Info compete until 2021, so realistically, that date is unlikely now to change.

      Hopefully between then and now, Janice and others can figure out how to not be categorized into the “Tier-to-be-Determined” for up to 24 additional months by the DOJ, which means 2023.

      To be fair, Oregon passed a Tiering bill in 2013 that only goes into effect this year for the same reason. (4 years).

    • Matt

      31 Years of 290. I cannot possibly imagine how you, or anyone, could possibly still continue to support this horrible train wreck of a bill. It’s going to make things worse for most of the overwhelming majority of registrants. And anybody who thinks the law will be amended after it becomes law, especially if those amendments favor us, is delusional. NOT GOING TO HAPPEN! Stop supporting this bad law. It was barely acceptable in its first version. Now it’s just torture. They have no intention of letting anybody off the registry. Ever. This is just a way to reclassify everybody into a more dangerous tier, then use that reclassification to justify more money in their budget to watch all the newfound dangerous criminals. This was a bait and switch. Stop supporting something that will make it worse!

  25. ExpatRFSO

    Just read through the new amendments a few times to see what effects me. (Federal conviction for possession of CP in 2003, crime discovered in 2001). Some might be in the same boat. I am not currently nor have I ever been on the Megan’s Law website.

    As it pertains to 290, the state of California treats federal convictions like out of state convictions by comparing the elements of the crime to California statutes and applying PC290 as if the person had been convicted of the California statute. The new amendments make 311.11 (California’s CP possession law) a tier 2 instead of a tier 1, but only if it was a felony. PC311.11 was a misdemeanor in 2001, (but still required registration since the late 90’s) so from what I read it looks like a misdemeanor conviction for 311.11 will still be tier one (may apply for removal from the registry after 10 years) and also will not go on the internet. The one wildcard is whether my federal sentence required “Registration for life.” or if it said something like “Register persistent to the laws of the jurisdiction you reside.” I can’t recall. I am trying to locate my original judgement now. It never occurred to me at the time (that applies to a great many things) since I assumed I would never have an opportunity to be released from my registration requirements.

    • JusticeForALL

      This is just bull crap! So now simple possession from years ago gets upgraded to Tier 2?! This amendment wasn’t in here before the last time I read it. It looks as though they are literally adding in as MANY people that they can to a higher Tier.

      This is wrong on so many levels. How would this affect me since I’m literally in the process right now to get my 311.11(a) reduced to a misdemeanor and expunged? (Yes I’m eligible for it and it will happen within the near future).

      Also really love the fact that they state only if it was a felony …99% of all CP related charges are Felony now. I was on the fence about supporting this bill, but this is the tipping point for me. I can’t anymore. You may find that selfish, fine, go ahead. Even if it doesn’t affect me, I know quite a few people from group that this WOULD affect.

      • AW

        Almost in the same boat as you, 311.1 and 311.1(a). I was looking forward to this bill only because I would be Tier 1, and although I never trusted this state to ever allow me to not register, I hoped to at least get off the website. Now, what’s the point of this bill? Who would qualify for Tier 1 anymore? It certainly seems like it would only be people who don’t need the help of a tiered registry. I doubt I could get my felonies down to a misdemeanor, but I hope that this bill fails. I’d rather take my chances with the CoR.

        Honestly, is anyone on this website going to benefit from this amended SB 421? I’d love to hear how. What a waste of time this is. California will never change.

        • Ugh

          Speaking for myself, the tiered registry harms me. Right now I am not even on the website, so I am able to live a somewhat normal life. However, if the tiered registry bill passes, I go from not being on the website to Tier 3 solely because of my Static 99 score. Otherwise, if not for the Static 99, I’d be a Tier 1. Forget the fact that I’ve been offense-free for about eight years since a non-contact, first-time offense.

          The way I see it, the tiered registry helps some, while it will harm some. It just seems like a master illusion designed to exploit the placebo effect into making it seem this bill actually helps.

          IMO, just wait until more pork, exceptions, tier elevations, and restrictions are added between now and it’s date of effect in 2021. This tiered bill can easily *evolve* into something most of us will regret (if not aleady).

          The grass is not always greener on the other side of the fence, folks. I always have felt that our battles are best fought in the judiciary, not legislature (controlled by ELECTED) politicians.

        • AW

          Yeah, 290 residency restrictions weren’t changed by legislature, they were challenged in court. If we had depended on lawmakers to make that change, I’d still have nowhere to live in my city.

        • Roger

          AW, you are thinking short term, and you are absolutely wrong about California not changing, although it will probably whiplash around wildly as it gradually accepts tha a new view of the registry is required for sanity. Come to Sacramento with us on Sept 1 to see what is happening in the front lines. We have SEEN MAJOR CHANGE in attitudes towards sex offenders. There is still a looooong way to go, but your black-and-white hypersimplified view is based on ignorance of the chaotic, messy process of reversing the legal course of 70 years of bad policy, and most importantly, changing people’s attitudes, emotions, prejudices, and–most of all–fears.

          Trust Janice and ACSOL. The process toward freedom is difficult and will be imperfect and have setbacks. NO surprise there. For example, SB 421 has MAJOR compromises in it that defeat is purpose.

          My personal opinion is this: NONE of us knows all the process that is occurring now behind the scenes and will continue to happen over the next weeks, months, and years. This bill is being moved forward by powerful forces that will do what they think they need to do for their self-interest. Fortunately, the number one goal stated by these powerful interests matches one of our goals, which is to shrink the registry.

          How they do that will show itself overtime. It may likely require passing a severely flawed SB 421, then fixing it later. That is the inconvenient truth.

          I believe we should continue moving forward, following Janice’s strategy since she is the expert on politics and law, not me or the rest of us.

          In the long term, we will continue to work for our freedom.

        • AW

          You don’t change things by leaving it in the hand of politicians. You have to force change in the courts. How did our residency restrictions change? Was there a Senate Bill that changed that for us? Or were they challenged in courts?

          And my question still stands- who benefits from the law as it is currently amended? Why would that change even be made, unless they want it to fail?

          California, the politicians and law enforcement, will not change unless they are forced to.

        • Follow the $

          Roger and Janice, I’m hitching my wagon to your horse and to ACSOL’s. I trust you have our best interest in mind and can do more than I can alone. I understand the frustrations of those here who were/are hoping for a quick win and cure all but if we can’t go for the jugular, then let’s inflict as many wounds as possible so this registry bleeds to death from a thousand cuts.

        • Hopeful

          @Follow the $- I have the same case (311.11a felony) as u and totally agree with everything u have said regarding this issue. I will continue to support Janice and chance because they haven’t steered us wrong yet. Thanks

        • AlexO

          The CoR remains an option with this bill.

        • Follow the $

          Yes as it’s written I will be helped. Either a tier 1 or 2 but either way my sentence goes from life to a chance for much less. Can things change and it morphs further and I am no longer helped? Possibly but it’s the best chance a lot of us have to get off this damn thing. And while this is going I trust that the fight is being waged in the judiciary as well. Attack from all fronts. Who knows, maybe the amendments get challenged as unconstitutional as they do tiering without individual assessment and they have to be rewritten. And maybe by then the Supremes finally correct their blatant errors and end this and IML and SORNA and AWA etc.

        • Follow the $

          AW, I am in the same boat as you. Felony 311.1(a) and 311.11(a). When was your conviction? Mine was 2012 and off probation in 2015 and I was able to get expungement and reductions to misdemeanors. You should see if you are eligible even though they changed the law. But I still would be helped as even if I’m tier 2 that’s better than life. I’m already on the ML site so it’s not like things are getting worse.

          I feel like most people now coming out vehemently against this are those whose situations is as follows:

          Now: Registration for life with only COR as possible way off. No hope
          Original Bill: Tier 1 and lots of hope.
          Amended Bill: Tier 2 and hopes crushed.

          But we are still better off as tier 2 with real chance to get off someday than in the beginning when we had no hope.

          I’m trying to think positive and long term. Two steps forward one step back. But if we keep it going we eventually get where we want to go.

        • Matthew

          Quick question, I have the same charge. What was the process live to get it reduced?

  26. Douglas Hansen

    Allow me to add a comment that will seem completely irrelevant—–until you think about it.

    Currently I am reading a well-respected book on the philosophy of law: vol. 4 of a four volume series by Joel Feinberg entitled, The Moral Limits of the Criminal Law. This is vol. 4, entitled, Harmless Wrong doing.
    I will summarize his point as follows. If you have done something criminal, but no harm has resulted from it—–does a legislature have the right to make that illegal? His point: THEY DO NOT.
    I ADD THE FOLLOWING: IN 1969, when engaging in gay acts was ILLEGAL, I did it anyway. It was only made legal in 1975 by the much maligned Willie Brown. Sex by mutual agreement is always ok; violence, especially as practiced by governments, is dubious at best. If you disagree, too bad. I say, mutual respect and mutual agreement are the basis of a good society. Governments practice violence, but I say: in personal relationships, mutual preference and peaceful, harmonious agreement always trump whatever delusional ideas legislatures may harbor or try to inflict on others. The issue is, do we damn them or double damn them. I can’t decide. ATTN. FOOLS: MY PARTNER AND I HAVE BEEN TOGETHER SINCE 1974. And just how long have YOU and YOUR partner been together????

  27. DavidH

    Amazing that states from Pennsylvania to Michigan and in-between are rolling back the numbers on their registries, yet California with the greatest number and growing wants to flirt with this

    • Roger

      It’s part of the emotional process of reversing course after 70 years. Attitudes don’t change overnight.

      It’s a messy, chaotic but necessary process to reform the oldest registry in the nation. A large ship takes a lot of energy to change direction, but once it gets going in the right direction, its momentum will affect other states.

      • Matt

        Roger: Nonsense. You do not (or should not) try to fix bad law by creating another bad law.

  28. kind of living

    while I want to clean up many things I have said about backing this bill , a few of you know what my view of us supporting this Bill “WAS” , after much soul searching as well as some research I can see that the bill offers me nothing , but I am reversing what I have said in the passed , please back this Bill , get behind ACSOL to the fullest , I am sorry for not thinking this matter out better , I was truly looking at a small picture , the picture seemed huge to me having the hard ships me and my family have already gone through , and it blinded me to a bigger picture that being the only excuse I have to offer ,other than I have had issues trusting for a good many years , that being said , I was wrong , sure nothing will change over night , but change I “think” will happen that may help everyone , I am sorry for not thinking this out better before pushing against supporting this , in no way did I mean to undermine ACSOL in its efforts , I was just stating my concerns that I was looking at the time , please back ACSOL’s play on this , do your research ,

    • Roger

      I appreciate your thoughts, Kind of Living. It takes a “Big Picture” view and a special kind of love for our fellow registrants to be able to support something that may cause short-term sacrifice–sometimes a BIG sacrifice as you are facing–for our individual situation as a long-term investment for our collective futures.

      As a level 3 I gain nothing from this bill, nor the Prop 57 hearing I will be attending Sept 1, nor many of the other issues ACSOL is fighting. So why am I spending so much time supporting ACSOL (I do a lot that you guys don’t see)? Because I really do care about all you guys, and I think level 3’s will have a chance someday, and I want a future where our situations are getting better, not worse. Look at this list of U.S. civil rights laws and consider what sacrifice and effort it took for blacks, gays, the disabled, and many other minorities to win them http://civilrights.findlaw.com/enforcing-your-civil-rights/civil-rights-laws.html

      Consider it took a century of sacrifice and fighting for African Americans to gain core civil rights. MY personal opinion (as all my posts are) is that I don’t think it will take anywhere near that long for us to earn our rights. Maybe a lot of progress will be made in a few short years. But it WILL take major effort, sacrifice, and enduring setbacks to get there. And I believe that once large numbers of tier 1 and 2 registrants get off the registry and show that they are NOT reoffending–which is the biggest fear of all the amendment passers and they public, right?–the fears will lessen, the tier restrictions will gradually lower, and the registry will shrink to a fraction of its current size. Will it ever disappear? Maybe, someday, but let’s focus on what concrete actions we can do today.

      This chaotic, messy, unfair mess of a tiered registry bill is a necessary part of the Big Picture. If it passes, you can bet that ACSOL will be in the middle of the fight to bring sanity to it.

      I’m proud to be fighting for SB 421 and for Prop 57 parole rights and many other issues with you guys, even if I never benefit from my efforts. I hope you will remember me and the other level 3s in the future and continue fighting with us even when you are off the registry forever.

      I hope to see you all at the Proposition 57 hearing on Sept 1. I know it is a sacrifice to come–I will lose all chance of income from my small business that day–but if we aren’t willing to sacrifice then we can’t expect lasting change.

      • Janice Bellucci

        Thank you, Roger, for your continued selfless dedication and many sacrifices to the worthy cause of restoring the civil rights of registrants and their families. Your understanding and communication of the big picture is very valuable because it increases understanding in our community. You have inspired, and will continue to inspire, others to think beyond their personal interests and to help others without the expectation of an immediate benefit. The fact is that all will be helped eventually by the creation of a tiered registry. As President John F. Kennedy stated so well, “a rising tide lifts all boats”.

        • AW

          “You have inspired, and will continue to inspire, others to think beyond their personal interests and to help others without the expectation of an immediate benefit.”

          Who is left that will benefit immediately from this law? I’m not hearing much here from people who now benefit from this bill as it is currently amended. And who decided that non-contact crimes like CP possession are so dangerous that they now should be on Tier 2?

          “The fact is that all will be helped eventually by the creation of a tiered registry.”

          Fact, or opinion? I’m looking at New York’s tiers, Level 1 gets off in 20 years, everyone else is Lifetime. Level 2 can petition After 30 years. 20-30 years is a lifetime when you are trying to build your life and can’t get a job because no one will hire you. By my count, if the CA law goes into effect in 2021, I can be off when I’m 66 years old, many years from now. If things stay like they are, I can take my chance with a CoR in 2025, a good 16 years before a tier will do anything for me. I have to believe at this point most registrants, like me, will actually be hurt by a tiered registry, unless someone can present me with data that shows me I’m wrong.

          “As President John F. Kennedy stated so well, “a rising tide lifts all boats”.”

          Or that rising tide could be a tsunami. I appreciate the work you do, but at this point, I feel like you’re polishing a turd.

        • AlexO

          The current bill with it’s terrible amendments actually still leaves the CoR fully intact as it is now. So should things stay the same, you can still try that route.

        • Mr. D

          @AW – from my perspective I fully support and help this bill is passed and then signed into law by the governor. I will have my paperwork filled out and submitted the first day eligible in 2021. And I fully expect that I will be victorious. Obviously everyone situation is different but we have to start somewhere and frankly The current status quo is a loser for everyone. I hope and pray for good news on this bill over the next few weeks.

        • kind of living

          @ Mr . D ,,,,,, oh yes of course we have to start somewhere , why not start with you? , if they were going to “start backwards in your eyes” and working on those that did the most time/ time on registry for 25 or 3o+ years / hard ships and it would be 20 /30 / years before they “GOT around to you” , I am sure you would be a real trooper and jump from riding shot gun where “you should be” and in to the back seat , right ? what ever , I guess I am not allowed feel the since of unfairness , but that’s ok I am truly brave and wish to see everyone get of this that can , but that don’t mean I or others don’t have a sense of grabbing people and sending ass’s to the back of the already existing line that have been here , all that aside ,your willingness to cast everyone under the bus on your way out as you bypass others is unsettling

        • Mr. D

          @ Mind of Living: You seem to enjoy embellishing on my post. At no time did I make mention of any timelines for people that I’ve had to indoor this tragic misfortune nor did I do speak of leaving anybody behind. If I am fortunate enough to benefit from this legislation in case it does pass I will continue to support this website and the organization. Life is not fair but if we can save some people now and circle back around and try and help the other is the second time through and makes a lot more sense and everybody continuing to struggle.

        • James

          The ones that will benefit the most WILL be evaluation experts or so they are called ($2500 to $4500), Attorneys, ($ Who knows, they will squeeze as much as they can on a hope and dream) Courts because of the fee they will charge, background checks from the FBI and CDPS $100 or so) In the long run who ever try’s to get off the registry will spend 10s of thousands of dollars, for something that is and will be more like a trial all over. Wait and see because it is the truth.

        • James

          I was also one who supported this and gave donations, but this is a turd.

        • Counting the days

          Very inspiring. Doesn’t make an ounce of difference, but for those that cling hopelessly to a vacant dream, I guess it gives them a reason. A rising tide might lift all, but eventually it floods those on the lowest places and they drown. They are swept away with the outgoing tide and are forgotten.

      • kind of living

        it still feels like taking a no contest plea , over 30 years later , but truly the big picture will win in the end , I just hope it don’t get worse before it gets better , I am seeing signs of that happening on the lower tiers and it sucks to see this , and fear it could get worse for us on three just because , we are dealing with some real snakes , but if things come down like I am thinking , at least we can look forward , rather than just the same hole that only gets deeper , but what the hell lets down, me an mine are thick skinned , and ready to deal with what ever , as we said back in the day “y’all got the easy part done , the talkin!” this battle will be won by the positive , born raised CA MAN , protested for Native rights , blacks , gays , against wars , I don’t have the money and freedom to live where I want but I am down for a community were we help each other , but that takes money I don’t have , but it would go along way to better living , as well as opening business , creating jobs for RC’s , be the most active dreaded group in the US , showing up in numbers that we should have been at for years , its hard for us to watch the opposition run amuck unchecked living in there play land life while so may of us suffer , I hope we can at some point meet them on all fronts , but what ever happens will come out in the laundry in the end , maybe my days of battle as I once knew it OV , but I will back anyone that will fight along side ACSOL

    • Matt

      Kind of living: Everybody here, I think it’s safe to say, appreciates and supports ACSOL and the efforts that are being made. But SB421 was a bait and switch. (Not ACSOL’S fault.) SB 421 is clearly, and obviously BAD, BAD, BAD, as amended. We don’t need to be concerned about the intent of those who run ACSOL. We need to be concerned about the intent of those who are against us. And that, by the way, is EVERYBODY. SB421 will make life worse for almost everybody on the registry. There is no possible way to justify supporting something that makes it worse on the premise that, “We will make it better once it has passed.” Total nonsense. If you need a current example, look to Obama-care. Bad law. “We need to pass the bill to know what’s in it.” All lies. Went from bad, to really bad, to worse than really bad…..Now it’s just a complete disaster. You don’t fix bad bills later. You stop bad bills from becoming law in the first place. Then you take the existing bad ones out at the knees by way of the judiciary. There is no other way.

      • AW

        Amen to that, brother.

      • Timmr

        Well Matt, I don’t think you actually intend to help the opposition, but I think they are probably hoping that will happen. For the first time in 70 years there is a possibility in California for people to get off the registry — by legislation, not just through some court action. It is a big step with a seemingly small footprint. The legislature up until now has done nothing but add more people to the lifetime registry. And they would have made that lifetime more sever for everyone through residency and presence restrictions if Frank had not met Janice and syarted CaRSOL. Yeah, the opposition does not outright want to oppose law enforcement in this, they have been their lackeys for so long, and they will require tough amendments in exchange for their support for this bill, but their main goal is to save the ever increasingly draconian lifetime registry and destroy ASCOL unity and any movement that opposes their agenda. Roger’s right, legislation is a messy business. You have to start with trying to get more than you hope you can ever achieve, because it will get whittled down, that is just the reality. It getting the idea passed into law that is the victory.

        • Matt

          Timmr: The logic is wrong. A “victory” does not come by creating a bad law that makes it worse for all registrants. Please tell me who this benefits? As written, it looks to me like it benefits cops who will use the fact that all of us just got more dangerous than we were yesterday to justify higher budgets. Yes, legislation is a messy business. And we are always at the wrong end of it. Every time. We do have a success (limited) from time to time in the courts. Let’s use rough numbers: Lets say that 20,000 of the 110,000 can petition to get off the registry sometime between 2021 and 2025. Reasonable? Okay, because we know how sex offenders are treated in the system, we know that at least half of those petitions will be denied. So, about 10,000 people get off the registry 10 years from now. And 110,000 will be placed in a category that makes them more savage in the eyes of the public than they were previously. This is absolutely insane.

        • Follow the $

          You can’t say it is worse for ALL registrants in one sentence then say it helps 10,000 (low in my opinion) later in the argument. This will help a lot of RC’s.

          And the public in general views ALL of us as a cancer no matter what our crime. There is little sympathy to be had in the first place and this bill will not make them hate us more. Most likely they will be furious that there is any chance of redemption and that we all should be tier 3.

        • kind of living

          @follow the $ ….., who do you think the public will take their anger on ?,,,,,,being furious about “maybe” 10,000 , and the public has till 2021 to stew about it ,

        • Follow the $

          Well said Timmr. If this bill fails, I doubt any sitting senator or assembly member will ever try again to push a tiered bill. This bill give lots of hope to a good number of registered citizens. Hope they do not otherwise have. It is shitty that it has been amended to change the tiering structure and that is devastating for people who are affected by it. The perfect is the enemy of the good as Voltaire said and this bill is far from perfect but for many it is good. I might be tier one or tier two depending on what’s passed but if it isn’t passed, I’m as good as tier 3 for life. I’ll take my chances and support this bill and lobby my assembly member to vote aye. Then I will lobby my senator to reject he assembly version so it has to go to conference where the changes can be paired back. Someone added those amendments for cover to support knowing that they will probably not make it all the way to Browns desk.

      • New Person

        The bill can pass and it can be amended. Remember, Muniz was passed and can be used in courts. Snyder is going up as well.

  29. DavidH

    I wont stress about this until it’s over. remember Lara in the Senate sponsored this bill; he then withdrew his name from it; it then went into the suspension file; was then re-authored and voted out of suspension by none other then Lara.

    It seems now we have the same maneuvering going on. I dont know if keeping it off the calendar gives them breathing room or what??? but we wont know once again until the final days so no need to stress over it. Worst case we have our former up hill battles, and fortunately we’ve had a lot of case law established in our favor since this bill was introduced. In the final analysis we are in better shape since the beginning of the year with or without the passage of this bill

  30. Bruce Ferrell

    I have a theory as to why the bill went into the suspense file. There has long been a legislative practice known as “gut and amend” in which an existing bill, sure to pass, has it’s guts ripped out and new language put in and the bill rushed through in the new form.

    In the last state election, a measure was passed that said a bill once amended has to be available for 3 business days after the amendment before a vote or hearing that would result in a vote.

    This would explain the suspense file and the hearing set for 9/1

    Potentially less deferious that we might think

    • AlexO

      No theory needed. The rules state anything that would have $50k+ fiscal impact automatically goes to the suspense file. The next vote will be a simple yes/no to release. Then the next comity will have a chance to do farther amendments before the vote.

  31. Luke

    Let me see if I understand this correctly: If 421 passes, by 2021, all who remain on the registry will be viewed exactly the same as Philip Garrido. The way that they change the view is to spend tens of thousands of dollars to go to court, and ask said court to stop assuming they are Philip Garrido. What could possibly go wrong with this plan? Are you people out of your minds? Serious question. This is profoundly stupid.

    • Counting the days

      Exactly. I can kill 20 children in a drunk car accident, but not even be considered in same way as Charles Manson. But I have 20 photos , get dropped to misdomeanor, and I am the same as Garrido.

    • Follow the $

      Pure hyperbole and strawman argument. Those are tactics the fear mongers use.

  32. James A

    I doubt that legislators went through the trouble of drafting these many amendments if it were doomed to failure.

  33. Follow the $

    No more committees. If passed out of Appropriations it will be considered by the whole assembly.

  34. Paul

    Good evening,

    Many have asked me about how I found relief from the registry and I thought I would take the time to post about my experience.

    First, a little background. In 2006, while living in Los Angeles County, I was charged with two misdemeanors, both of which are related to CP. I would ultimately plead no contest to a single misdemeanor count of 311.11 p.c., with the plea happening in January 2007, and sentencing in April 2007. In May 2010, I was formally released from summary probation, and my charge/case was expunged. I had no criminal history prior to this, and I’ve had none since. From April 2007, until February 2017, I would continue to register in Los Angeles County.

    In December 2016, my wife and I decided to make a move to Washington D.C. This move was purely for professional reasons however, after doing some research, I learned that a benefit might be a shot at being relieved of the requirement to register.

    Given D.C.’s location, we had three options for residency: D.C., Virginia, or Maryland. Of the three, D.C. offered the best chance for relief, while Maryland was a close second. Virginia was a no-go from the start. Therefore, we made our move to D.C. in February 2017.

    D.C. has three numerical tiers: 1, 2, and 3. Tiers 1 and 2 are required to register for 10 years, and Tier 3 is lifetime. The tiers are offense-based, and the law makes two things clear: 1) time spent on another jurisdiction’s registry is tallied for determining the length of time to be spent on D.C.’s registry, and 2) a “conviction” is not considered a “conviction” if the charge/case is expunged, pardoned, etc. Therefore, I had three things going for me: 1) Given my offense, I would be a Tier 2, or a 10-year registrant. 2) I had already spent 9 years and 10 months on California’s registry, and this time would be tallied and credited. 3) I had an expungement which, theoretically, per D.C.’s law, meant that I wouldn’t be required to register at all. I’ll go into the expungement component later.

    The above definitions are found in Chapter 40 of D.C. “Code of the District of Columbia”.

    22-4001(3)(B): “A person is not deemed to have committed a registration offense for purposes of this chapter, if the disposition described in subparagraph (A) of this paragraph has been reversed or vacated, or if the person has been pardoned for the offense on the grounds of innocence.”

    For reference, “subparagraph (A)”, which is referenced above, states: “’Committed a registration offense’ means: (i) was convicted or found not guilty by reason of insanity of a registration offense; or (ii) was determined to be a sexual psychopath under…”.

    The above is strikingly similar to the language on my “Order for Dismissal – Penal Code 1203.4, 1203.4a” which was granted in May 2010, which states “It is ordered that the plea, verdict, or finding of guilt in the above-entitled action be set aside and vacated and a plea of not guilty be entered and that the complaint be, and is hereby, dismissed.”

    22-4002(a): registration period. States that the period of registration for tiers 1 and 2 begins when released, and continues for 10 years.

    22-4002(a)(1): The agency may give a sex offender credit for the time the sex offender was registered in another jurisdiction;

    Two days after arriving in D.C., I checked in with the SORNA management unit. This is a dedicated unit based out of police headquarters, and is staffed by officers from the probation department. I will also note that of the various persons I’ve ever had to deal with in Los Angeles County, the SORNA team in D.C. is by far one of the most professional, and helpful groups I’ve come across. The initial process is actually quite simple and, seemingly, the expungement would have no bearing on these initial steps: I completed a short, 1-page document with the usual variety of personal identifiers; provided proof of my D.C. residency; and a photocopy of my driver’s license. I was also asked to provide, via email, a copy of my vehicle registration and, within 30 days, proof of my driver’s license being converted from a California license, to a D.C. license (this is required for all new residents, and is not specific to those persons in our position). The purpose of these initial steps is to allow the SORNA unit to request documents from the court in which I was convicted back in Los Angeles County, so that they can determine my specific offense, and its final resolution, as well as the date of my initial registration. Seemingly, this would also be used to determine my tier level should registration proceed further.

    This initial meeting lasted approximately 30 minutes and, once complete, I was told to call in each Monday to “check in”. For the next five and a half months, I would check in each Monday with what literally amounted to a 15 second phone call. No call was more than “Hello, this is Paul, and I am checking in”; “Thank you, and have a nice morning”. That was it.

    Plenty of people familiar with my experience have asked me why I never inquired about the status of the investigation, or requested more information. That’s a fair question given that this process lasted five and a half months. But my response is simple: why? For those five and a half months, I was not on any registry! A 15 second phone call once per week seemed like a cheap price to pay for not being on the registry! Why push things along any faster than they needed to be?

    Alas, after five and a half months, I received a letter on a Saturday evening. The letter stated that the SORNA unit had determined that I was required to register, and requested that I come into the office the following Tuesday morning. I was shocked! At this point, I’m well past the 10-year registration period; I have my expungement; I was compliant with my registration obligations in California and, thus, my time should have tallied for the entire nine years and 10 months. This made no sense! I immediately contacted my attorney and we decided to exercise D.C.’s appeal process.

    In D.C., per 22-4004, you can challenge SORNA’s decision as it relates to their determination of your registration requirement; tier level; etc. BUT, you need to notify the SORNA unit of your intention to challenge their decision on the day of your registration (in my case, Tuesday). Your notification of your intent to challenge their decision places your registration on a 30-day hold, allowing you to file the necessary paperwork with the local court. Per the law, the court then has 60 days to make a decision. Thus, my attorney and I decided that would be the best course of action.

    Tuesday came, and I presented myself to the SORNA office. Once inside, and sitting with the SORNA officer, she began to explain their decision. And that is when it came to light that my time on California’s registry had been incorrectly tallied! She retallied my time using the correct date of my initial registration (April 2007), and determined that I was not required to register in D.C. I was provided with a signed letter stating their investigation had determined that I was no longer required to register, and I was out the door. Done! Free, alas, from the confines of registration!

    I was not provided with an opportunity to explore my having an expungement, and the effect (or lack thereof) it would have on my having to register. Since D.C. law does not specifically state that the expungement must originate in a D.C. court, this would have been one of my points challenging SORNA’s original decision. Fortunately for me, this became a moot point.

    Another individual on this forum stated that they had done some homework and couldn’t find a state that doesn’t include some language pertaining to the length of registration being the state’s own, or the original jurisdiction’s, whichever is longer. I’ve seen this language used (Illinois comes to mind) and the clear intent is to prevent, for example, an individual moving from California, to a state that might offer some relief. However, in addition to D.C., I present Maryland. As you might recall from earlier in this post, Maryland was number two on my list of possible places to live and will likely be a state that I eventually move to sometime in the not-so-distant future. So, to that individual, I encourage you to read up on Maryland’s laws.

    Here is a copy of D.C.’s laws: https://mpdc.dc.gov/sites/default/files/dc/sites/mpdc/publication/attachments/DC_Code_SexOffenderRegistration_0.pdf

    Information for Maryland can be found here: https://www.dpscs.state.md.us/onlineservs/sor/frequently_asked_questions.shtml

    Please also note that Maryland’s laws were challenged in the state’s highest court, and that court sided with the plaintiff. Therefore, there’s a lot of laws that cannot be applied retroactively. That ruling, and the effects of it, can easily be found using simple Google searches.

    I hope this information helps. Good luck, and god speed.

    • Relief Is 2023

      @Paul: Thanks for the excellent summary and success of your relief efforts in DC. Congratulations.

      This does appear simpler then Colorado. DC is very interesting for Cal cases who have a 1203.4 expungement, since it is only Federal jurisdiction and not a state.

      I would be curious if you would continue to have a travel notice sent upon travel? If you ever do travel to Mexico or a similar country, please report back your experience.

      Thanks and again, congratulations.

    • kind of living

      @ Paul ,,,, at least I can see in DC has language about retroactive laws that say its punishment to make you register based on laws past 25 years after a conviction , we don’t have a leg to stand on in CA because of the 1947 law “scam” that was based on a lie by the PTA lie and sheriff , the whole thing started as the “Convict Registry in the 30’s” started for mobsters in an attempt to run mobsters out of LA , and the moralist jumped on the band wagon so they might be able to get rid of the so called undesirables , and a chance to spy on our bed rooms , and it snow balled into the 40’s , thank you for the information Paul

    • registry no more

      @Paul. Thanks for sharing. I might start looking into DC. Unless CA tiered registry starts to make sense, my wife and I might make our move there. Thanks again.

  35. registry no more

    I was reading the SB421 amended bill and trying to understand. So basically a misdemeanor of 647.6 is no longer granted an internet exclusion?

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