Senator Ricardo Lara introduced today a tiered registry bill (Senate Bill 695). If passed by the legislature and signed by Governor, the bill would create three tiers that would allows most registrants who do not re-offend to lawfully end their requirement to register in either 10 or 20 years. The remaining registrants would still be required to register for a lifetime.
“We have just received a copy of this bill and have not yet had time to compare it to the draft bill distributed a few months ago,” stated ACSOL Executive Director Janice Bellucci. “We will provide a comparison of the two bills as soon as possible.”
Senate Bill 695 (pdf)
Senate Bill 695 (on CA Legislature web site)
Legislative Fact Sheet (Sen. Lara)
Here’s to Hope.
God Help Us…
This is nothing other than a MIRACLE that started with Janice B! Thank You Janice! And others that have done their part in the movement!
The devil will be in the details. Let’s hope that this an honest attempt by the creators of the bill to do the right thing. I am not holding my breath, but I will reserve judgement until I have seen the actual bill. And then, I will reserve judgement, pending amendments…..This could get bumpy.
I have a 647.6(a) misdemeanor and I’ve had exclusion from the website since 2012, will my exclusion still hold or will I be put on the site?
Are Tier I gonna be on the website or are they excluded?
Please help clarify this.
Thank you!
Well so far I like this bill. It looks to me that the DA’s office will need a really good reason to deny our request to end registration. I’ll be able to get off the registry right away once they start taking applications. After 20 years of registration, I’ll be thankful to be off that website. I think the best thing to do if our registration ends is to change our name and move to a different area where we can try and start our lives over. Thanks for all your help Janice, it’s appreciated!
I’m not changing my name. Eff that.
I’m done living my life on my knees.
If you can call this Living.
This bill is kinda confusing me. So someone who is going to be classified as a Tier 1 after the 10 years has to file a petition to be relieved of the duty of having to register? Also, does a Tier 1 person show up on the website at all? Thanks Janice and team for all you do.
It appears to be carefully considered and well written.
If third party sites can still post our info it doesn’t help any of us.
Now, how do we get the general public to vote in on this bill, if and when it goes that far..
From the PDF, pg 20 of Sec 4 (3)
”
If the department determins that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind that exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
”
Ummm… ex post facto for those who fall into this section?
Also, we have this:
”
( d) A person who was convicted or adjudicated prior to 198 7 of an offense
requiring registration pursuant to the Sex Offender Registration Act, who (1) is not a
tier three offender, (2) has not subsequently been convicted of an offense requiring
registration as a sex offender which is described in Sections 290 to 290.006, inclusive,
and (3) has registered in the community for 10 years, which time shall not include
periods of incarceration reflected on the person’s criminal history record maintained
by the Department of Justice, shall not be required to file a petition for termination
from the registry pursuant to subdivision (a). Within 12 months of receipt of the person’s
annual update of registration in 2018, the Department of Justice shall determine ifthe
person is eligible for termination pursuant to subdivision ( e) of Section 290, based on
information in the person’s criminal history record maintained at the department. The
Department of Justice shall notify the eligible offender at his or her last registered
address and shall notify the registering law enforcement agency.
”
I am confused at the lack of consistency here. All the persons who fit in the aforementioned quote do not have to petition to get off the registry as long as they have registered for at least 10 years. Well, why do those person not have to petition, but everyone else has to petition? That is not equality of persons under the same grouping.
Also, this bill makes 1203.4 seem like a meaningless piece of achievement b/c in 1203.4 it states that a person will be released from all punishments and disabilities stemming from the offense. The only thing 1203.4 does is removes you from the web. But there are laws that already remove people from the web. So what exactly does 1203.4 do in terms of loss of privacy disability by the registration? 1203.4 says a person is rehabilitated and should be treated like a normal person like your neighbor. This bill solidifies that 1203.4 just takes you off the web and are not restored to who you were before the offense.
This bill is littered with inconsistencies and denigration. What is this “new entity” in charge of all of us? Who’s gonna fund that? Who’s gonna fund the petition? All of this for less than 1% recidivism rates??? This bill just affirms that I am still working for the state despite being no longer under custody. If this isn’t punishment, then it’s involuntary servitude b/c I already served my time.
Illinois just called it unconstitutional to criminalize normal behavior.
I would like to throw in my 100% support for this bill. I just read it from tip to tail, and it appears to be well-thought-out. I now live out of California, and I do wonder if I would be able to apply given that I’m not a current resident. I know that for a CoR, you need to be a resident. I’m hoping for my sake that I can apply. However, regardless of my personal situation, I know this will be a huge blessing for many people. As I’ve said before, this would be a first step.
Let’s stand up, show up, and speak up! We must support this bill. I pray that it passes!
Thank you, Janice, Chance, et al for all of your hard work.
Pros:
– A person “convicted or adjudicated” prior to 1987, who does not fall into Tier III — and who has not recidivated — will no longer be labeled a “sex offender.” This subset of people will not have to petition a judge.
– It gives hope (albeit, perhaps a false sense of hope?) to those who are classified as Tier I or II.
Cons:
– There is no automatic off for anyone, except for those whose convictions were pre-1978 (and are otherwise eligible).
– *Elected* judges retain absolute authority in determining whether a registrant’s “petition” is denied or granted.
– A petition to get off the registry will cost *at least* $3,000 to $5,000, due to attorney’s fees, psychological assessment fees, as well as Court fees.
– This bill gives weight to being required to successfully complete a “Sex Offender Management Board-certified sex offender treatment program,” such as Sharper Future — which may cost several thousand dollars — PRIOR to filing your petition. See 290.5(a)(3).
– Prosecutors retain absolute jurisdiction over whether to request a hearing to object to your petition to the court. All the prosecutor would need to prove is that “community safety would be significantly enhanced by requiring continued registration.” A judge would need to agree with such assertion.
– There is no automatic off for anyone except those pre-1978 eligible individuals. See 290.5(a)(3) [“If the district attorney requests a hearing, he or she shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider: the nature of the registerable offense; the age and number of victims; whether any victim was a stranger at the time of the offense (known to the offender for less than 24 hours); criminal and relevant noncriminal behavior before and after conviction for the registerable offense; the time period during which the person has not reoffended; successful completion, if any, of a Sex Offender Management Board-certified sex offender treatment program; and the person’s current risk of sexual or violent reoffense, including the person’s risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available.”].
Very strangely, this bill does nothing to address the fact that a “well above average risk” on “the static risk assessment instrument for sex offenders (SARATSO)” [which is, at least right now, the Static-99R] is one of nine superseding determinations under 290(d)(3)(A), 290(d)(3)(B), 290(d)(3)(C), 290(d)(3)(D), 290(d)(3)(E), 290(d)(3)(F), 290(d)(3)(G), 290(d)(3)(H), 290(d)(3)(I).
The Static-99R is only designed to be used 10 years after a person’s release. It makes no sense for it to be used in the superseding *lifetime* determination of placing someone into Tier III.
Finally, this analysis does not take into consideration what this bill may evolve to in the future. As with other states — such as Nevada — they have reclassified Tier I offenses as Tier III offenses. Further, it will take many years before this fairly convoluted bill is reinterpreted and “ripens” in the appellate courts. Since our state appellate courts are also elected judges, they have proved generally conservative — and it’s hard to believe that this bill will be interpreted in our favor.
God is in control,I really appreciate all the efforts and love who support and figth for all of you ,we know that you’ve been through a lot of hardships,just hold on…My prayers for all of you..Good things come…Thank you Ma’am Janice and your team..God bless…
Thank you Janice. Thank you Chance.
Well after 13 years personally I will take this as a large improvement if with get the funding to do so, The registry will not go away though for many………..unfortunately.
How could one find out if he is designated Tier 1, 2, or 3?
So, someone please help me understand this. For Tier I and II, even after your 10 or 20 years mandatory registration period has been met, you STILL have to petition to be removed?
Hi, I didn’t read anything about PC 1203.4? I read the last part regarding an expungement is required to obtain a Certificate of Rehab? Does the PC 1203.4 remove you from the website?
Thanks Robins Tools 2.0 for detailed clarification so far. Looks as though my family member will be…”A Lifer” even though its bee over 33 years from release and Parole. Sad.
Janice, bombarded as you are, could you see any further into petitioning for a 40 year ???
Spouse was a latent teen of crime. Suggestions Janice and/or Chance? Do we have hopes for Tiered three folks?
Janice I noticed this bill states on or before July 1st 2019 does this mean that none of these policies will take effect until July 1st 2019???????
Sounds like filing a petition will be the name of the game. Does anyone know at this point how that process will work and will Janice and or Chance be able to assist, or will that go through non-legal administrative channels that each individual will need to work through on their own (or do we even know yet)? Gets complicated, particularly if you no longer reside in the same county or moved out of state.
Does anyone know if this assessment tool is different from the static 99: ” static risk assessment instrument for sex offenders (SARATSO).”
I sure wish these periods of registration were shorter– it gets to a point in one’s age where it doesnt matter much any longer; For instance i’m 61 and have been offense free for 14 years. I basically have another 6 years as a tier 2. but at 67 that consumes the entire remaining good years of my life to travel etc. off registration wont matter much, I dont get harassed as it is! Shorten these periods please!
This bill is disgusting. After taking the time to read this bill, it really is not different from the 1st draft. Don’t be fooled, this bill is plagued by the same problems as the 1st: we all would still need to petition (meaning thousands in attorney fees, as trust me this is a petition you would not want to go without an attorney with). Then all the psych assessments, etc. Static 99, more power to District Attorneys, more power to judges, more power to casomb.
Like the 1st draft, only the attorneys win with this bill. They will make out like bandits, while we all have to come up with $$$$$ to pay for a petition that is not guaranteed. Also, CASOMB put a ban that you can’t refile for 2 years after it is denied. So if we are denied, you have to wait 2 years to refile lol.
This bill is a sham because as it is now, I qualify for a certificate of rehabilitation in 2020. If this dumb bill passes then I am put into Tier II and have to wait 20 years to petition. So I would have to wait until 2030?
No sense in supporting this bill when it’s taking away something I can do in 3 years. This bill will make me wait 13 years. Lol so ridiculous!!!!
Well, here is something to think about. I have an expunged offense and never had any legal issues otherwise. So, if I fall into tier 2 with a battery, how will they classify me? I’m sure (20 years later) I can request an exemption from the website. Furthermore, as noted in the Megans website, the SARATSO test isn’t applicable to those crime free for 10 years or more! Lastly, can they really do a SARATSO on an expunged ex offender? Hmmm. I think if your crime free etc on tier 2, you can get an exemption: Lastly, how can they put someone on a tier 2 with an expunged offense/summary probation? Guys, stay positive. I also thought the bill stated you could request to be removed after 10 years for a tier 2? Stay positive. A judge will be accountable and must state reason for denial! I recommend (later) filing your own request (I did for the 17 B and expungement). The court clerks where very helpful. Good luck