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A Better Path to Community Safety (CASOMB Tiering Paper March 2014)

CASOMB first recommended in its 2010 report to the Legislature that revisions to California’s  registration laws are needed and recently selected the issue as one which deserves increased  focus and effort. The effectiveness of sex offender registration policies and practices has also been  the subject of national focus recently, with a variety of jurisdictions addressing the importance of updating registration practices to reflect new research and evidence based approaches. Modifying  registration practices will, CASOMB believes, improve public safety in California by focusing effort and resources on more dangerous offenders. Paper

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Science and those who abide by its constraints are the key to everything beneficial to mankind.
What a great paper!

I’m happy to see this condensed version of the 2010 report with a more direct approach towards change. Any amount of time on the registry is painful, so I’m always open towards a way out. They touched on the notion of keeping it for L.E. only and out of the public view which has shown little benefit and is pretty much ignored by the larger demographic. It leads me to wonder what type of character the individuals who regularly search Meagan’s list are. I just hope the board will somehow capture the attention of legislators and that they take a… Read more »

While not perfect, this report is very welcome. It captures the effects of the registry — unemployment or underemployment, lack of housing or inadequate housing, etc. — for both the registered citizen and his/her family. California RSOL would like to hear from those who read this website your opinions regarding the proposed tiered registry recommended on page 7 which would create 3 tiers that resulted in a 10-year requirement for some registered citizens, 20 years for another group and continued lifetime registration for sexually violent predators, etc. Is this an improvement as compared to the current system? Is it fair?

Hi Janice. This would be better than we have now. I don’t know what tier I would be on. My offence is classed now as serious, but being family related, I’m told I have one of the lowest recidivism rates and most condusive to treatment. So what purpose is me being on a registry for 20 years, except as further punishment. I’ll be almost 70. Better than life, though. I have a lot of questions, but one thing now stands out. In their graph all risk levels show the same low reoffence rate after around 15 years. So why put… Read more »

“So why put some on the registry for longer than that?”

If you think about it, “they” seem to have a hard time letting go (this holds especially true for bad ideas), and forget about ever hearing “them” admit to having ever made a mistake.

Hi Janice, I wanted to reply to you and tell you that I think this is fantastic – someone actually seems to be using logic and reason now to suggest policy regarding sex offender management – and I DO believe it is an improvement on last year’s assembly bill to create a tiered registry – at least for me it is – because last year’s assembly bill did not make a distinction between misdemeanor and felony convictions of PC647.6: placing all violations of this section in the 2nd tier (register for 20 years). My conviction was for a misdemeanor violation… Read more »

Really!!! They gave me a felony conviction but I had no victim and no it was not CP, it was a internet entrapment. I have never been in any kind of trouble before. So that should make a automatic tier 2. That is BS.

noname – even though your violation was a felony I believe you would still be categorized as a tier one registrant as your crime was certainly non-violent and non-serious.

I hope so. When I tried to get my name off of the public Megan’s list I was told by the DOJ that they did not have a procedure for non-victim type crimes. So Ihave to be listed.

They probably lied to you.

In California the only exemption is if the registrant is related to the victim.

noname – do you have the option of going back to court after your term of probation and having your felony reduced to a misdemeanor? If so – the DOJ will remove you from the Megan’s Law website once it’s been reduced.

Janice – I did see a potential conflict with the criteria by which registrants are placed in appropriate tiers: According to the CASOMB, if someone scores a “6” on the Static-99 test he/she is to be placed in the tier 3 category (lifetime registration) however, at the same time all misdemeanor violations are to be placed in the Tier 1 category (10 year registration) – it is possible for a registrant to meet both criteria, so how would this be reconciled? I scored high on the Static-99 test but my crime was a misdemeanor violation of PC647.6 which was, essentially,… Read more »

Austin it sounds like you had previous convictions for something else? If that’s the case it seems like you would score high on the 99 and be placed in tier 3. This is only a guess as to why you scored high.

I should also say I am the opposite of you. I have felonies (288) but score in the low to moderate because I have no previous convictions for anything. That one box where they ask for prior convictions can really add up to a lot of points if you have priors even non-sexual priors.

Yes – I had priors for alcohol related misdemeanors in my distant past (dui, intox in public) but my high score also is due to errors on the part of whomever filled out the damn thing. No one ever asked me any of those questions they just went ahead and filled it out. For example, on the question about whether one has ever co-habitated with a significant other for two or more years they said “no” which gave me a point – when in fact I have. Another mistake – “instant offense non-sexual violence” they said “yes”. My crime was… Read more »

Boy, would i be interested in your story of how you landed here. Being the mother of young adult males sometimes keeps me up at night. They do not believe the stories I tell them, but maybe if a warning came from someone else.

Reform would be to free current registered for the massive reckless fundamental rights violations …they’ve already crossed the line and the demand for respect pride dignity says they must free current registered list.

Are they going by original charges or the 98% plea guilty…??. .they would need to go back to square one for everyone so they Too can plea to be off registry …due process is a wonderful thing when its for everyone .

Putting people in levels or tiers may work for new ‘sex’ crime, but in NO way applied to current listed registered ….ex post facto for one and double jeopardy are just some of the problems with that proposal ……..remember new ‘sex’ crime will have 100% plea guilty to be off lifetime punishment ..I mean lifetime registry.

This is the program. This is the tiered registration system that we can and should work toward. The paper is well-researched and leaves policy makers with a very compelling conclusion: its time for a tiered registration system and the system they propose is the one to adopt.

I respectfully differ with your opinion; some of the paper seems well researched. Other parts like section 2 – #6 in “assumption – what the research says” seems like bias to me. Correct me if I’m wrong, but I’ve never heard of the registry being beneficial in any way when searching for someone that has committed a “sex” crime. In #3 ¶5, “by the numbers” – “When proof is provided by local law enforcement to DOJ of a registrant’s death, he or she is removed from the registry.” I’ve heard on this site and a couple of other sites that… Read more »

You are absolutely right. If registration was such a wonderful law enforcement tool, we would have it for drunk driving, burglary and gangs. In a perfect world…you know how this sentence ends.

We live in a very political world and must make progress in that world and not the perfect world. All of these laws didn’t arrive at once and they won’t be repealed or improved at once. But I am certain that the tide has turned and we are making progress and will continue to make progress.

Hi Q. I believe they are trying to balance on a very thin fence line, saying the registry ruins lives, but not proposing to give up the idea of its usefulness. It is a compromise I think they hope will gain enough support to pass. I am of a different opinion and probably none of the politicians listen because they believe it is extreme. Abolish the registry for those who have served their sentence. It is constitutionally wrong, socially counter productive, criminalises those who need reintegration and takes our civilisation backwards to a time when stigmatization and banishment were accepted… Read more »

Hi Tim; I think/hope your right about CASOMB hoping to gain enough support to get something done about this whole mess that is actually positive. I think they are more like on the razors edge. Saying something non politically correct (another name for BS) could have bad consequences for these peoples careers. I agree with your opinion that the registry needs to be abolished except for the most extreme cases, mainly because nothing good has ever come of it, except for those that capitalize on destroying lives. I believe and think it obvious the state seems to have a hard… Read more »

I also noticed that the affects on families was not elaborated on. Another thing they really could have hammered on were the deaths caused by the registry, both suicides and murders. Any cost/benefit analysys needs to consider the costs to the innocent, and the tendency for the law to breed lawlessness. The costs to families as well as the deaths related to the registry are not speculation. They are verifiable facts. It needs to be said and not by those convicted of sex crimes, but by professionals in the field: OK lawmakers you claim your laws save at least one… Read more »

Hi Tim: Your absolutely right on the mark with your observation that the registry breeds lawlessness; because it does. It’s like I said before; the people that have the power to stop all the murders, ruined lives of countless men, women and children, as well as all of the negative effects the registry has on families as a whole seem to have a hard time with admitting the truth. When their job and bank account and reputation are factored into the mix they seem to adopt the detachment that a bomber pilot has as he lets loose his load that… Read more »

I am so happy to see that the report contains actual facts and findings from respected researchers instead of hype and myth.
Even though my dream is for no registry, this is so much better than “one tier–Forever…”

Hi B: So true, we would have a registry for serious crimes, crimes with double digit recidivism, and not the ridiculously low numbers associated with registrants. It’s true that all these laws didn’t arrive at once; they seem to come in spurts, with a steady trickle of laws in between spurts. It seems at times that any progress made is always under threat of being overwhelmed by new laws every time some room temperature IQ state or local official decides to exploit the name of some dead kid and turn the parent’s grief into votes and $$ for his/her self.… Read more »

I will read the article and digest the contents. Regarding the table on pg 7, the serious and violent offenders should have a much more detailed definition, spelling out EXACTLY which sections of the PC make them serious and violent offenders. One can be deemed a serious or violent offender and never have a victim…so you’d be stuck for 20 to life on the registry. Also of concern is the dependence of “predictors”, like the Static 99 and other such tests. There must be better ways than the educated guesses and psycho-babble. Who will administer the tests, a trained probation/parole… Read more »

I wish they made a possibility for registration to end sooner for registrants at tier 2, but as is, it is definitely a step in the right direction if passed as is.

And for some laughs “even though the courts have determined that it should not be classified as ‘punishment’ does bring with it multiple unwelcome impacts on registered offenders and on their families and children”

Just say it already, registration= consequences= punishment.

I think the tiers are still too severe. I believe the tier 2 duration should be 5 years instead of 20 and the tier 3 duration should be 2-3 years. The time period should include parole time so it starts the day you leave prison. The proposed 10 and 20 year time periods will still mean that many people will remain on the list for the duration of their lives. For most people I think if you haven’t committed a new offense by the time you get off parole you’re probably not going to. While the tiered system is better… Read more »

I SINCERELY HOPE THAT IT CAN HELP ALOT OF US WHO HAVE MOVED TO OTHER STATES THAT ARE HARSHER LIKE FLORIDA. FLORIDA DEFINATELY HAS A ONE SIZE FITS ALL. SOME OF US HAVE CHARGES THAT ARE EXEMPT FROM MEGANS LAW WEBSITE BUT WHEN YOU MOVE OUT OF STATE GOOD RIDDENS. ONCE AGAIN , CALIFORNIA CRIME BUT LIVE IN FLORIDA. PLEASE DONT MOVE HERE.

I have done quite the opposite. I moved OUT of Florida as it turning more and more restrictive. I would be living in a van by the river or under a bridge if I lived in Florida right now.

Florida is never going to change. It is a southern state (strike one)…full of old conservative people (strike two) and full of crazy christians (strike three) and YOU ARE OUT!

Are you still listed on that registry, even though you have long moved out?

We keep hearing that people moving out of Floriduh are stuck having to come back each year to register that they don’t live there.. for the rest of a persons life.

What i would like to know is this: If you’ve been out of the state now more than 1 year, and if so, do you now have a warrant out for your arrest?

And two, what did it take to move from Florida?

My question is why have cascomb if the legislators won’t listen to them? Is this the first suggestion they’ve ever made? Will there be a legislator that will take this on?

One problem is the voter initiatives. I believe CASCOMB recommended against residency restrictions as did many probation officers. The public doesn’t wish to listen to the experts, so the representatives don’t either. What representatives are brave enough to go against the wished of an ill informed 80% majority? This leaves the US Constitution to protect the rights of individuals against the reactionary majority. Without enforcement of the Bill of Rights, I don’t think anything will change for the better. Frank, Janice, you are on the right path. Before more reasonable laws can have a chance, the legal playing field needs… Read more »

While this is a step in the right direction, for me, it isn’t enough. Yes, it’s better than nothing but…Tier 1= 10 years for misdemeanor offences? Most would fall under the Tier 2. Twenty years after parole or probation? That’s a lifetime of possible homelessness and lost employment. How would most ever recover? Any possible opportunities are lost, their children most likely grown, or in some cases the registrant is dead. So, twenty years, in most situations might as well be lifetime. Given that this report states that only 13% to 15% of cases are reported, than the true number… Read more »

Hi JM:

I agree; murderers and gang banger’s and drug dealers don’t get treated any where near as bad.

where does it say “twenty years after probation or parole”? Are you just going off where it says 20 years from start of registration?

Any tiered system is better than what we have now! I would want the tiers to be retro for all registrants, and would prefer that it goes by risk leave vs crime. For example, there is a huge difference between a kid streaking at his school as a senior prank and someone showing up at an elementary school everyday when school lets out and exposes himself.
I also would prefer the registry be for LE only, as it was originally designed.

Hi Jean:

The tiers should by all rights be retro; they made all the oppressive laws retro all the way back to the 40s.

Keeping in mind that this is merely a proposal by the CASOMB and not yet law or even a bill, and much or nothing can happen along the way, it does say in the recommendation paper on the bottom of Page 7: “The above criteria would be applied to all current PC290 Registrants as well as to individuals convicted of a registrable offense going forward.”

It sure looks fair to me. I hope for this to pass. We need to be able to become productive again

Any idea what this would mean for my husband with a 288a back in 1986? Does this mean lifetime or 20 years additional? I keep the faith.

Remember: This is the next step, not the last step. We need to get this passed and then we have much more to do. To effect this many families in such a profound way is not only wrong but wastes resources on things that don’t reduce crime and destroys the productivity of registrants.

Hmmm; At least they are starting to look at empirical studies instead of listening to the made up out of thin air garbage some people claim is fact when seeking reelection or are just trying to look good.

No one can argue that any relief is better than none. However, if I can add a scenario here. A few years ago, gas cost about 2.40 a gallon. a year and a half later, it shot up to about 5.00 a gallon. So when it dipped to 3.50, there was a collective sigh of relief and everyone was “happy”. After all these years of Hooplah in the name of public safety, and the unbelievable amount of money paid to those folks who “Manage” SO’s etc. the public has been very well trained to believe that a partial resolution is… Read more »

I think the tide is slowly turning. Educate, educate. educate, and don’t allow the loudest voices to be those of the uninformed, fear driven haters. The bill of rights is the umbrella of protection, but it is so often glossed over, or worse, ignored, by the broken justice system. Use the Bill of Rights to rebuild the broken justice system, from the ground up, and don’t be afraid to make legal challenges, as Janice is doing. Fight for what is right! You are the oppressed, and the ugly mistreatment of you affects the rights of all citizens, whether or not… Read more »

Mere words will never come close to expressing my gratitude for you folks that can see through the Propaganda. I am doing as you suggest. Fighting. But my hands are very tied, as I am fighting just to get the powers that be to honor the plea bargain. I was sentenced under the penal code that was in place in 1994, but upon my release, I was given a 5 year parole. (there was no 5 year parole in ’94) Yet, two months from now, my 3rd year will be up and I may still have this gps on my… Read more »

Yea; This sounds all good, but the more I think about it the less I’m holding my breath expecting anything to come of this. I’m not trying to rain on anyone’s parade, but as I consider the history of action taken by those that could make this a reality my hopes start to fade. I hope action is taken on this, but I sense this is going to be just another somewhat empirical paper destined to be buried on the web. The people this paper is written to seem to not like truth based facts and seem to do everything… Read more »

Scepticism is good. I believe it is healthy to a democracy. Laws aimed at sex crimes are particularly lacking in scepticism or opposing views. I believe this is a great injustice to victims and offenders. What is it saying when legislators refuse to look at all angles to make sure they get the best, most effective and fair legislation that will stand the test of time. This legislation by emotion is why they keep coming back to “fix” previous legislation with harsher versions of more of the same. Although sceptical, I do support getting the experts into the process. That… Read more »

As far as I know, I’ve never had a STATIC 99 evaluation. Maybe they didn’t do that ten years ago. I am sceptical that any psychological test can predict the complexities of human nature. As a guide to proper treatment, maybe it is useful. Anyone know about this? It weighs in heavily on their determination about who gets in what tier. What is the evaluation like and how predictive is it?

Find out for yourself. Does not look like its rocket science.

Evaluation Form
http://www.static99.org/pdfdocs/static-99rcodingform.pdf

Instructions
http://www.static99.org/pdfdocs/static-99-coding-rules_e.pdf

You’re right. I was expecting something more complex. Nonetheless the form is more instructive than the Corrections Department recidivism report using parolees.

And what do the (Beatles said experts smexperts) experts say about putting back into parole conditions..?? ..the ones who are off parole ..??….its okay …???…c’mon dude..!

No experts. Just enough of the members of the Supreme Court to say it wasn’t like parole, but like a shopping membership.

Lets be clear…that decision did NOT have parole type restrictions that are being administered today…are we clear in that decision …???…there were NO parole type restrictions at that time of decision as there is facing registered today.. .whole different landscape compared to a long ago decision …..time is ripe to challenge restrictions on free men…free from parole…..got it..??

Further HomeRun fact that Federal Judges have ruled these new restrictions unlawful unconstitutional…even the local panel if superior court judges ruled initially.

I agree. There are now too many collateral consequences to registration for the high court to ignore.

I am asking this, because President Kennedy did not hire the Beatles to get a man on the moon by the end of the decade (although their music inspired my spirit to soar to the outer limits). He hired experts in their fields to develop a step by step plan to get there. What is the plan to send a legal rocket up to eventual freedom for those who have been denied it for so long?

Static 99R…Interesting but totally left up to the whim of the person giving the evaluation. Too many “could be’s” and “might be’s” and if this, then this. Look at the sample size for the scoring of this rag. Clearly not near enough data to support anything, let alone determining whether or not the issuer chooses to ruin a life by mis-categorizing the person. Looks like it was written by a junior high or upper elementary school kid! Given the arbitrary nature of the scoring and the sentiment toward sex offenders my guess is most given this “test” will be placed… Read more »

“In Exhibit 9, a former field service probation officer from the State of Alaska, Department of Corrections [“ADOC”] opined that the ASORA was nothing more than an extension of post-incarceration supervision.”
This from the respondent’s brief in that case concerning Alaska Sex Offender Registration Act long ago. This is one expert and others in the brief the majority dismissed in favor of dubious reports about high recidivism rates as justification for civil regulation of former offenders.

OK. So disagreement on whether the Board is using valid science. What does CaRsol think?

Future predictors are little more than a guessing game. What cannot be proven by science is the change in someone’s heart and mind. When asking a series of questions, the evaluator already has a preconceived bias and a notion that any and all sex offenders will re-offend, especially when an evaluation is administered by a “trained” probation officer. They generally opt for additional incarceration, whether behind bars or by civil punishments, thus the outcome of such evaluations is pretty much predetermined. The past is really not the past, so the past behaviors from 20+ years ago are automatically transferred to… Read more »

My interpretation of the Static 99 is this, and correct me if I’m wrong, if you had no previous convictions for ANYTHING it seems the Static 99 is in your favor. What I understand in reading how to score they don’t count the index conviction (the ones you are most currently charged with) only priors. That’s how they think they can determine your propensity for being a “career criminal” (“This item and the others that relate to criminal history and the measurement of persistence of criminal activity” pg35 pg35 “Do not count the Index Sexual Offence The Index sexual offence… Read more »

MCH: while I understand your mis-trust I like to believe the people administering this will do the right thing. It’s awfully hard for them to not to put down the right answers when it’s CLEARLY on your record.

Hard to believe the credence given to these 10 questions…. starting with the name alone. Static and Risk. How can risk assessment be static? It is defined as “The probability of something happening multiplied by the resulting cost or benefit if it does.” The probability of something happening changes with a person’s situation. Question #1 – age of offender at release. What if I was 19 at release but now I am 69 (50 years later) but I still get 1 point for my age at release (+4 points relative to my current age) as that is never going to… Read more »

I took the static-99 here at home and scored a 0. But I have never been given the test in any official status.

@Steve and others; Please forgive my negativity. Probation and Parole will generally be administering the Static 99R. While there are a few who actually do care about their parolees or probationers, the majority don’t want to be bothered and the best place for and offender to not bother their agent is back in jail. Do I think that they would lie about Static 99? Yes I do. Do clear facts matter a whit to them? Nope, not at all. Have law enforcement and mental health “professionals” lied about recidivism statistics? Yes, on a daily basis. I am part of a… Read more »

Usually, when I read something twice, I understand it more. I read the report again and am more confused. They claim the registry is non productive to its stated goal, and may even increase recidivism. Good! Then they go and recommend it for a lifetime for high risk offenders. Does that make sense, applying a remedy that doesn’t work that increases recidivism to the group that is most at risk? Then again they recommend no getting off the registry earlier than what is assigned for your tier. Does that mean they recommend against the COR process? Lastly, just what is… Read more »

I WANT TO ASK MRS JANICE IS THERE ANY REMEDY FOR ME HAVING A CALIFORNIA CRIME OF 243.4A SEXUAL BATTERY AT WHICH IS EXEMPT FROM THE MEGANS LAW WEBSITE. I NOW HAVE BEEN LIVING IN FLORIDA FOR 5 YEARS WITH PURE EMBARRASSMENT BECAUSE THEY PLACE EVERYONE ON THE SIGHT NO MATTER WHAT. THEY TOLD ME THAT I WOULD HAVE TO BE PARDONED OR THAT THERE WOULD HAVE TO BE SOME LAW FROM CALIFORNIA THAT WOULD EXEMPT ME FROM EXPOSURE. I WAS CONVICTED IN 1996, 2 YEARS STATE AND FIRST TIME EVR IN TROUBLE. I WAS A COLLEGE FOOTBALL PLAYER LIVING… Read more »

I was released in 2011. Release date was scheduled to be June 19th. Was held in longer as the CDCR had to wait for psych’s to schedule the static 99’s on anyone set to be released. I actually got out July 2nd. In Calif, the rule was that 2 interviews had to be conducted prior to approval for release. The interviewers where private contractors, and they were/are making a killing in cash flow. The Static 99 interviews took longer than an hour each and was much more intensive as far as those 10 questions. If one out of the two… Read more »

How many years on parole (3)..??..is your parole ending soon from 2k11..?

It’s supposed to. The alleged offence date was 1994. But when I got out… Parole put me on a 5 year. agent won’t touch it so gotta try and resolve with the court and case records.

Just reminder…I’m not an attorney, but be sure when you started and released from prison…three year parole is the term if you started as you said but look at your dates of paperwork.

I’ve read it all backwards and forwards. judge said in the transcript I can be on parole between 1 and 4 years.
The rules changed while I was serving.
Called a few defense attorneys but they have no idea.
Clear as mud.
I can’t do this another 2 years. My house is my prison and it’s constricting more each day. 3 years has been more than plenty of time for them to determine I don’t break the law anymore. I got it the first time.

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