The California Sex Offender Management Board (CASOMB) decided at its meeting on November 20 to support a draft tiered registry bill that includes the termination of registration requirements for some registered citizens after 10, 20 and 30 years of their conviction while continuing lifetime registration for others. The text of the draft bill has not yet been released to the public but its contents were discussed during the CASOMB meeting.
According to discussions at the meeting, the bill would designate registered citizens as Tier 1 (10 year), Tier 2 (20 year) and Tier 3 (lifetime) based upon factors including original offense and whether there was a re-offense. Tier 1 registrants would include those convicted of a misdemeanor offense while Tier 2 registrants would include those convicted of some felony offenses. Tiered 3 registrants would include those convicted of one or more serious, violent felonies. The bill would also terminate registration requirements for those who were convicted more than 30 years ago, have not reoffended and have registered for at least 10 years.
“CASOMB has taken an important step toward creation of a tiered registry in California,” stated CA RSOL President Janice Bellucci. “There are many more steps to be taken, including introduction of the bill in early 2015.”
There are currently 102,021 registered citizens in California today, according to the California Department of Justice (DOJ). Of that total, 74,132 are “in community” and the remainder are incarcerated. Also of that total, there are 6,692 homeless registered citizens who are listed as “transients”.
The total number of registered citizens includes about 18,600 people who were convicted prior to 1997 and have not committed a subsequent sex offense. If the bill is passed, most of these individuals would be removed from the registry by the California DOJ. Those who would not be removed include anyone designated as a sexually violent predator.
“There is something for everyone to love and something for everyone to hate in this bill,” stated CASOMB board member Janet Neeley. Other board members quipped that it must therefore be a good bill.
CASOMB designated Neeley as the board’s point person on the bill as it makes it way to and through the state legislature.
The support of the CA Sex Offender Management Board for a draft tiered registry bill is the next logical step on the path toward creation of a tiered registry in California. This step is also consistent with the Board’s recommendations in 2010 and 2014 that a tiered registry be created. The next few steps will be even harder — introduction of a tiered registry bill in the Assembly and then hopefully passage in both houses of the legislature. The final step will be the Governor’s approval. In order to cross that finish line, the support of many registered citizens and their loved ones will be required. It’s time to show up, stand up and speak up in support of a tiered registry!
TO: ERIC KNIGHT:
Well it seems possible now that someone could get reclassified because it seems they have gone away from the Static 99 and more on conviction. I would be a low to moderate on the Static 99 but based on conviction I POSSIBLY could be re-tiered. Although the bill could change I would hope they would look at what happened in Ohio when they tried to re-classify and the court struck it down. They had to release 10,000 from the registry after their re-classification. So there is hope if it does go down this way.
I’m happy for those this helps.
And we hold our breath…
I definitely agree with Janice “…registered citizens and their loved ones … It’s time to show up, stand up and speak up…”. Any light at the end of a tunnel is good light.
Sorry if I am beating a dead horse here, but if I have my felony reduced to misdemeanor, does that put me in 1 teir 311.11(a). My attorney keeps telling me I am a zero risk and I have followed all court instructions to the letter.I even have my therapist and physc ready to pen letters,I have over 40 reference letters. Will it make any difference?
Eric
From reading the tiering background paper from CASOMB on April it doesn’t matter if it’s a felony or not. If that’s your only offense you would be in the Tier 1 category. It’s based on offense not risk level unless your static is 6 or higher. Hope that helps.
I was at an election event last night. Guys from a law enforcement union bought me a drink and we had a real nice conversation about me being a 290 registered sex offender..lol…Note: that wasn’t disclosed until after having the drink.
I got to hang out with mayors and city councilmen for a couple of hours. Anyone wish to learn where and how to affect elections in their area? What I did I want to duplicate.
I’ll just say this the power of prayer, involvement and a nail file can and will defeat the sex offender registry. You’ll get their attention people.
Leverage relationships that salons have in the community and make a real difference! I’ll show you how! Contact CA-RSOL if interested.
Unfortunately, there are some of this who this tiered system does not help much. Considering this states that only misdemeanor convictions qualify for Tier 1, I simply do not find this acceptable. And for those of us who got railroaded on bogus charges and still end up as Tier 3, there is just now way I could ever support this. And this is not just for myself, but for all of those of us who register.
Does anyone have any insights how being relieved to register at the state level translates to federal law and the requirements to register imposed there? This can affect our ability, once relieved of state registration to be brought up on charges for interstate and international travel.
My worry here is if this relief does not hold up at the federal level, then we could unwittingly be facing new charges and federal jail time.
While any move is a positive sign, I do not like that they use the crime you have been convicted of because they reclassified many non-violent sex crimes as violent crimes just to get tougher sentences and deny offenders rights available to murderers and other criminals such as certificate of rehabilitation.
I plead to a battery wobbler, reduced to a misdemeanor and expunged. ! Summary probation? Tier 4?
This does not look good at all. I thought that non violent felonies were going to be tier two. The way I read it is child under 14 will be tier 3 for sure. When I got out and was on parole they told me I was serious risk, that was twenty years ago, I dont think I would be today. I have a job, married, house, very stable person. I guess that doesn’t matter it seems. I just hope there is a way to take it to court for a tier change. Teir 3 would mean the police would bother us a whole lot more. Now they leave me alone except for the reg once a year. Tier 3 I would have to reg every six months? How can they make it harder for us when we did nothing extra sence our original sentance. Double jeopardy. Just my thoughts
How would all this affect sorna. I want to move and work in Philippines. Does my removal also affect sorna registration.
Robert, what exactly do you mean by not taking on sorna. Does that mean that they don’t acknowledge all requirements,
Reform of the registry is potentially very good news. But, of course, the devil is in the details.
Frankly, I think the public would be appalled by the broad over-inclusion of the registry if they actually knew the details & stories behind some of the people subjected to the registry, the nature of the offenses, etc.
Steve, we are on the same page, I am not a Tier 3 person, i have been medium for 20 years, I do not want that to go up. We need a risk based system and most of us would get off. At 20 years.. My risk the day I was arrested and my risk now now is a world apart. I would rather die than reoffend. Back then I really did not care. So I should be on the hit list with the violent predators, I don’t think so. I will fight this unless it includes all non violent felonies .
After reading all these posts am I reading it correctly? If anyone was convicted with a 288(a) with a person under the age of 14 will never get off this list? It
has been 28.5 years for my husband. And nothing since. We have been married for
16 years and two children. I was so hoping for better news and now it seems like it will be worse 🙁
JAH:
Yes it appears any 288 which is considered a violent felony according the california penal code. Everyone shod familiarize with the penal code because that’s what they will be going off of.
Anyone who this might adversely affect please ask Janice for my email. Specifically ask for my GMAIL account. I’d rather keep this off my work account. Although it is early and the text of the bill has not been seen I want to prepare and be ready to go with a response.
It’s amazing that they want to clean up the registry so they can easily keep track of the “more dangerous” all they are doing is moving people around who aren’t dangerous into that category and making the registry even more useless.
I understand this “could” help more in the future but I refuse to be a sacrificial lamb.
NPS , it seems that this is very new list of violent felonies, when I was charged back in 1993 288a was not a violent charge. My lawyer made sure of it . I was concerned at that time because there was no violence in my crime. I read the chage and it never said anything of violence. This is something they have changed and if so they would no be able to use that on us people that was charged 20 years ago.
I can not support this as described. It needs to be based on risk assessment and time not trumped up “violent crimes” in which NO violence was involved.
I think 288 was re-coded as a violent crime in the mid 90’s. The proposal of course is not one size fits all much as the registry is but is beneficial for the vast majority. The foundation of the build is crumbling and by removing the vast majority, those floors are removed bringing their top floor down closer to the minority whomever we may be. This is a good thing!
Fight this? If anyone is negative regarding the recent successes, please refrain from making comments! No one ever got anywhere from being negative! This is wonderful news! We have government officials requesting a tiered system! The registry isn’t going away, but this bill will potentially allow people to be removed from the registry and give hope to others and be a huge incentive for those currently on it to continue being law abiding citizens. Remember, no one put yourself on the registry other than yourself. Good luck!
We need to reestablish the ability to seek a Certificate of Rehabilitation. Then each person, based on their own circumstances and conduct since release will be judged by a judge (imagine that) based on those facts. Why doesn’t someone propose that to these good meaning people. It would do more to allow the clearing of the registry than anything else we could propose. Then people that have been good and have reformed their ways will get off the registry and those that haven’t, well, clean up your act if you ever want to get off this thing.
I, too, am taken aback by some of the negative comments in relation to this potential sea of change that may bring about significant opportunity for many low-level offenders who have remained offensive-free.
And it seems there are a lot of haters and unrealistic expectations floating about this forum, a trend I have noticed for quite some time. I recall making a comment months ago regarding public perception and I got lambasted by the ones who know within their hearts that their individual crimes were explicitly heinous; hence, they know damn well they may never get relief from the state’s sex offender registry. As such, they expect everybody to go down with them. To all of those I say: Felix Unger!
Thank you Stanley.