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California

Senate Passes Tiered Registry Bill (SB 421)

The Senate today, in a vote of 24 to 10, passed the Tiered Registry Bill (SB 421).  Prior to the vote, the bill’s author — Sen. Scott Wiener — explained why a tiered registry is necessary.  His views were supported by Sen. Nancy Skinner, Chair of the Public Safety Committee, as well as co-author Sen. Joel Anderson. 

        During his presentation, Sen. Wiener describe the current registry as broken and outdated.  He added that the registry, which includes more than 100,000 people, is so large that it is useless. 

        Sen. Anderson subsequently stated that there are too many people on the registry today and as a result those who pose a current danger are camouflaged by those who don’t.  Sen. Skinner talked about the significant adverse impact that the registry has upon both registrants and members of their families.  She said that registrants often suffer from public humiliation, stigma, unemployment, homelessness and even vigilante violence. 

        Sen. Ben Allen praised Sen. Wiener for his courage as author of SB 421.  He added that the bill is necessary in order to fix the state’s registry that currently includes individuals who urinated in public decades ago.

        “Today we saw courage in action as senators on both sides of the aisle — Democrat and Republican — voted in support of a tiered registry,” stated ACSOL Executive Director Janice Bellucci.  “We thank the 24 senators who voted in support of SB 421 as well as the many co-sponsors of the bill, including Equality California, the CA Sex Offender Management Board and the victims rights group CalCASA.”

        In order to become law, SB 421 must be passed by the Assembly where it will be considered by the Public Safety and Appropriations Committees prior to a floor vote no later than September 15, 2017.  If the Assembly passes the bill, it must be signed by the Governor no later than October 15, 2017.

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YESSSSSS!!!!!!

Only 13 more years to register I guess lol

Still not law! Tieranny or tyranny, same same!

Didn’t the safety committee already vote and passed this bill as well as the Appropriations committee, voted on it first

The senate safety and appropriations passed the bill, but now the bill must go through the assembly.

The way it reads here ( if I’m wrong please correct me ) the sentence passed the bill now it has to go before the safety, and appropriation committee, ) that was done already right, now it goes to the assembly RIGHT??

@ EEV … the way ca legislature works … once the bill passes one house it starts over in the second house.

In this case the bill now has to go through the safety and appropriation committees in the assembly, and if it passes in both then for a vote in the assembly

I am Canadian. Also a victim of sexual assault (rape). In Canada we do not have a PUBLIC sex offender registry. Only police and RCMP know the where abouts of these ppl. However, it works! When it stays a police matter, these offenders are kept under better watch.

I have been registering almost 40 years, just registered today, not a big deal … just a way for the government to control your life sure it would be great not to have to register but it gets me one day off a year I look at it like that….. if you put it in perspective it’s really not that big of a deal.. anytime I have contact with the police department in anyway I get pulled over for a ticket I tell him immediately then I’m registered sex offender and they say thank you and that’s all there is… Read more »

This is a (HUGE) step in the correcting the system *question* if fully passed and signed to law, the people that have 20+ years on registry, would/will everything related the (iml) be excempt/not applicable while traveling? would car registration/information from local police also be non existing while running license plates?

If on the registry, then IML applies. If off the registry, then police will no longer have that info.

I hope you are correct James, I’ve been on this roller coaster for 22 years now *since I was 19* ,, and JSCLASER- not to say 13 is a good number but it’s a precise number, better than that indefinite questionable unknown.

J, before, it was not that “indefinite questionable unknown” – it was a known – for the rest of your life. 13 years is much better than the rest of one’s life.

James, j, I think I can help clarify. In regards to IML, it depends on what you are referring to. There are many aspects of IML/AWA/SORNA that effect travel. If you are talking about the requirement to notify your local PD 21 days in advance of foreign travel, you will not be required to do that once off the registry. (CA isn’t a SORNA complaint state anyway so most people don’t notify now and we have yet to hear of any consequence. CA PD’s don’t do anything with that information, but people in other states have been charged so publicly… Read more »

I am a former officer, as well. The registrant vehicle data comes not through DMV, but through the SOR/VCIN system (when we are required to identify vehicles we own or routinely drive).

I am a tier1 and came from Colorado, in Colorado it’s a mistimenor but I came to California and now they say it’s a Felony…. My thoughts are: this lifetime register is dumb and I will tell you why. Any man is first a human being, and humans have feelings, that’s the way we Are made BUT if you put someone in a cage and when you let them out they cannot be around his/her bf/or gf then you are making a monster.

I have so much hope right now. This is monumental in itself. So now is the time for the big push.

This is awesome news. I’m feeling very encouraged. Thank you, Janice and all for getting us this far. I hope this thing succeeds!

This is great news and a big step in the right direction. Thank you Senators Wiener, Skinner, and Anderson. Thank you Janice for your tireless work. I will continue to do everything on my part to help support this movement.

To ALL of the ACSOL Crew…Congrats! Job well done!

Brave lawmakers.

The registry under the new scheme would still be wasteful and unnecessarily cruel. The wholesale liberation of pre-1987 registrants is absurd given the rest of the law.

But the new scheme would be less cruel, less of a waste of public resources, than what we have now.

If it becomes law, I’ll celebrate. I’ll still be on the registry, but I’ll celebrate knowing that some others will be taken off.

Ditto. I’m not clear if it will help me or not, but if it brings some relief to others I’ll be thrilled. Jealous, but thrilled.

What a great attitude, C.

Hi Eric,
In the context of the law, a person who has no subsequent crimes over a 30+ year period (and is getting old)
would seem to be an appropriate candidate for swift(er) removal. I am speaking as one of those that would benefit, of course, I look kindly on that aspect of SB421!

Congratulations to ACSOL. Your organization is a great American entity. In the face of today’s criminal governments, organizations such as yours are needed more than ever. I am happy for any family that is able to get off of the big government Harassment List. But I still feel like narrowing the number of people on it is really not a great thing. I feel like the less people on it, the easier it is for people to not care about them. I can see so many people say “Oh, we can’t harass and ostracize 1,000,000 families! But we can 50,000!… Read more »

The dynamics of the resistence will probably change in California with this tiered registry. Right now the most active members tend to be the people who will be tier 1 offenders. The higher tiered people tend to understandably hide in the background. You see people here admitting to looking at illegal pictures or being involved in a sting. Hardly any will say he or she molested a child, but that offense, 288 in CA is the most common. The tier 1’s and 2’s will now not want to rock the boat, out of fear it will jeopardize chances of completing… Read more »

Nothing wrong with really thinking about something. If a majority of people living in the U.S. were actually capable of it we wouldn’t have SORs. I understand the need for some people to just try to stay under the radar. I do think a key to living under the SORs is creating a life where you are in control and people are not able to affect you. For me, that started with people not being able to affect my income. In fact, I made it so they would make me rich whether they liked it or not. Perfect. But I… Read more »

That petition is akin to a second trial for the same offense – double jeopardy. If there is a petition based upon the same crime, then this is exactly like someone in jail wanting to get out of prison for early release. The problem with this is that the registrants are already out of jail. This petition process is a punitive process. Also, this petition process violates equal process. How can 10,000 registrants simply be released from the registry without a petition, but others do not under the same bill? There are no viable, scientific reasons to have two different… Read more »

Amen.

Identify people who support the SORs. Make them pay. They aren’t Americans.

It all has to do with getting the needed support from both civilian and the government its called little steps until they feel secure in this new law. The CASOMB knows this and is why they had to add some undated rules to the Tier system and as soon as the needed support is there the Board will suggest the next small step. Both the senator and the Board knew this and knew that some unwanted over kill rules and regulations were going to be put in the tier system for now but expect to see things get better with… Read more »

Let’s hope that this is a ‘trial’ program that will be applied to more or all if the ones who get off don’t do anything stupid. Happy for anyone getting their lives back and for all who have hope or see light at the end of the tunnel after this!

I would not expect that of the thousands who may get off not one would re-offend. That is slim branch to hang success of this registry on. The registry has been proven to not prevent that from happening, so it wouldn’t make a difference if the repeat offender was on or off the registry, although it looks like the facts show the registry manufactures danger, not reduces it.

@Timmr, You know, you are right and I do not blame you one bit for having the balls to say it like it is. If the tired registry is law, I do hope as many people get off this train ride as possible. Things will change. It is inevitable. I have a 288?, I don’t know or remember. I had a brain tumor. Sucks huh. It’s okay though. I wish you and yours and everyone else that can get out of this crazy 💩. I have survived a brain tumor. I have lacerated my brachial artery and almost died. I… Read more »

Feeling is one thing. This registry has been too much on my mind, like an overgrown tumor. I’d like to not think on it anymore.
Yet, I am still here.

The answer is NO! No, we will not leave you. As I have stated in previous post, I believe in the Lord Jesus, and I am confident that he will make a way for us. Like most of you, I too am ecstatic. I will be submitting a Certificate of Rehabilitation in the near future. I need relief now! I can’t wait for 2019! I encourage all of you to do as much research regarding your respective cases. I have been able to find grey areas in the penal codes and the language of the law; consequently, I have had… Read more »

Thank you ACSOL for your efforts and support!!!! SB421 gives me HOPE I havent had in many years!!!

Great news! Many thanks to Janice and all ACSOL members who have contributed their efforts! Even tier 3’s like me can celebrate the increased probability of justice for our fellow CA registrants.

There is at least some vague chance that if I get off this damned registry…I will be braver and more supportive of those that remain. Now I can’t promise this because I know in my heart that…having kept my head low all this time and being so well practiced at this avoidance of the subject that it has become probably reflexive…an unconscious twitch almost. But at least I know this about myself…and so maybe I will follow through, (if I get off the Registry, not a certainty for sure!), and be able to take a more proactive stance in support… Read more »

Yes James, keep the fight going even after you are off! I am going to be off in Texas in less than one year, but I continue to fight and will fight after I am off, not just because it’s what I am used to doing, but because it is the right thing to do regardless of anyone’s status or status of a family member. My young kids are TRULY put in the situation where more harm could come to them due to this registry than it could help them. That’s not just me talking as a current registrant, it’s… Read more »

I like your attitude. I feel like people who do not respect and protect the rights of others deserve the same targeting them. In fact, they deserve punishment. The children of families that are listed on SORs are certainly harmed more from the SORs than could ever possibly be helped. But the people who get their jollies from the SORs do not care about your children. We all need to know and understand that. I would even venture further and say that people who support the SORs are not serious about protecting any children at all, and certainly not your… Read more »

Regardless of the final outcome of this legislation for those RCs in CA, I think it would be very, very smart and helpful to write to thank the various state senators and representatives for voting as they did. A little encouragement goes a long way and, though you may disagree, voting to help RCs is a HUGE political risk. ANY vote to roll back some sort of crime measure–real or illusory–is a risky move for a politician.

Heck, I’m not even a resident of CA and I’m tempted to write to thank them!

–AJ

I just sent a quick thank you email to our representative. I’m sure seeing people are actually active in politics will make them feel good about their job but also keep them honest.

It just occurred to me that one of the best ways we can thank Janice, ACSOL, et al, is via the “Donate” button at the top-right of this page. Even (tax deductible!) $1.00 can do something. And no, I’m not a shill nor am I associated with ACSOL in any way beyond posting thoughts, rants and raves here. I’m just a non-CA RC who is extremely thankful for advocates like this and ACLU-MI, and want to support them as I can, when I can.

–AJ

P.S. Yes, I did truly put my money where my mouth is and donated.

Started a new job recently which pays better than my last…so I just donated $100. Will donate again soon. For most of us if not all, you and your team provide a sense of hope that most of us so desperately need and wouldn’t get otherwise. Bless you Janice (and team) for all that you do.

Thank you for your donation, A.J.!

Janice, now that the Senate has passed the bill, I understand that it now goes to a House committee (Public Safety?) and it had to get passed by the committee before it goes to the floor for House vote. Does SB 421 now get a different number? I would like to track it. Also I am unclear, is 288a (lewd and lascivious acts with a person under 14 years) a tier 2 if there are no other violations or any other illegal circumstances? Thanks

Congrats to Janice, ACSOL, and everyone that fought so hard for this! Even with the bill’s faults, it is a big step and those battles will be fought later. I truly hope the judges aren’t as bad as the one’s in Texas that only let 1/3 of those off the registry even after being approved by therapists and the Texas Sex Offender Mgmt board. I look forward to Janice and her team getting this done and then being able to shift focus on to all the other issues like IML and hopefully the core registry itself and truly take this… Read more »

The removal from the SORs absolutely should just be automatic. The “petition” procedures that they put in place are nothing but big government getting all of them paid. One giant circus that keeps them all busy and “justifying” their government jobs. And they truly have no clue if a person should be listed on an SOR or not. Therapists don’t. The Texas Sex Offender Mgmt board don’t. The judges don’t. Just a bunch of BS. If they had ANY sense, they would remove everyone that they could. But they don’t. I think if a person jumps through all those hoops… Read more »

Every George Edenfield (and, sadly, there are too many) is justification to many for the registries. Every time a registrant is arrested for a new sex crime, I cringe, not just for the new victim(s), but for what it might mean to the rest of us. If this bill passes, it does not mean that the lifetime registry cannot be reinstated later. We owe it to ourselves, to Janice and the others who battled for this legislation, and to each other to abide by the law – so that we never become the next George Edenfield – and become an… Read more »

It only takes one. That is why it would be better to focus on the uselessness of the registry. If the registry is useless, and a crime occurs, that is an emotional plee for its abandonment, especially since the registry is useless except to cause harm. It is easier to change the story people hear than to wish that unknown person from offending. I am encouraged by all the comments I see now blasting the registry. Two years ago, you would read the comments and articles all about various sadistic castration techniques and various ways to kill registrants, now the… Read more »

@Timmr
+1, and well said. Yes, the tide is indeed turning and the truth is creeping into the mainstream media. Do anyone think US News & World Report would have run the op-ed about Australia’s passports even just a few years back? Doubtful. That alone speaks to some change in opinion.

As with anything, the more it’s heard, the more it’s believed–even if untrue, which is certainly not our situation.

–AJ

I do really think if 100,000 people were dedicated to commenting on “s*x offender” articles and speaking out against them, it would make a HUGE difference. Most people in the U.S. cannot think for themselves. They are completely susceptible to following the crowd. They need to see that being an un-American, immoral harasser who supports idiotic, useless Registries makes them look stupid.

I can’t agree more.

Timmr ,,,,, right on Bro , well said , truth will set us free , and if truth and long with standing up for our familys and our own rights don’t work we will continue live a life of prole forever ,

Terrorists,

“I think if a person jumps through all those hoops to get removed from the SORs and then does not, that person will almost 100% of the time retaliate because of it.

I think that statement is 100% false. You may be the type of person to retaliate and you may find others with your opinion, but I do not think most of us are that type of person. Retaliation will only prove the opposition’s case against us. We will always be on the loosing side of any retaliation.

Lake County: I think it’s true. “Retaliate” is a very broad word. Personally, I retaliate for the existence of the Registries literally every single day. I don’t want to get into a long-winded discussion so I’ll just give a few examples. But generally the main retaliation just comes in the form of not worrying about being a good U.S. citizen. A couple of decades ago, I was very passionate and active about helping my community and others. That stopped after just a couple of years of being listed on the Registries. I don’t give $1 to charities any longer (that… Read more »

Thanks for your clarification. I wasn’t too concerned with my interpretation of your words as much as I was concerned how other visitors here may interpret your words. Visitors here may just assume that you meant retaliation with physical violence. The way people interpret your words can either cause us to get a new advocate or enemy.

QUESTION: There are many juvenile offenders on this registry. If a 16 year old boy has sex with a 16 year old girl by law the charge is RAPE PC 261 (law states… minors can NOT give consent). In many cases the exact charge is 261(a)(3) Rape By Force of Intoxication. Meaning you were drinking with the young lady, had sex, and got caught. In many cases the juvenile court will charge the juvenile offender as an ADULT. The question is if you were a minor when the offense was committed BUT tried as an ADULT would you fall under… Read more »

Thank You Janice, senators and everyone who made this possible. God bless you all.

The current effort to pass a tiered registry appears to have legs. I’ve been on the registry for 24 years and haven’t had any police contact more serious than a traffic ticket. I lived everyday for 24 years with no hope that I would be given credit for time served. Unfortunately, after 24 years of being on the registry and experiencing ALL it involves (Legally, socially, mentally, and spiritually) I admit to suffering from emotional emasculation. So, after years of hearing about the possibility of a tiered registry and after years of experiencing the last minute opposition from self serving… Read more »

As soon as the true fact of don’t support the Tier System then you are supporting a system that no longer works and that gentlemen is being weak on sex crimes and sex offenders . Support a system that works then you are being tough on sex crimes and sex offenders not supporting it you are being weak and that in itself will start to change the law to support it. Its that simple. So voice that when ever you can.
Neil Fisher

Thanks Janice and supporters, you’re a Godsend, no matter what happens . I’ve been a little sarcastic when we’ve had bad news, but still appreciate a place to turn to and vent and get good info.

This really is a big step towards sanity in this state! I applaud the 24 senators who voted in support of this bill. Definitely the author of the bill Senator Scott Wiener, co-author Senator Joel Anderson, and Senator Nancy Skinner have put their better judgement on the line and risked any kind of backlash from colleagues or the public, to speak out on our behalf and for “doing the right thing” “doing the compassionate thing”! GREAT THANKS to Janice, her team and everyone who helped get this bill so far forward! We can’t stop here. We need to keep working… Read more »

Congrats! This is wonderful news! I think people like Timmr should be ashamed of themselves for being so negative!

I’ve been on the registry for 20-21 years for a now expunged battery with summary probation! I’ve just learned a PC 243.4 (a) misdemeanor is a tier 1! That’s great news!

If I’m not mistaken, a Tier 2 and petition to be a Tier 1 and possibly a Tier 3 a Tier 2! Don’t ruin it for everyone else!

Take action! We could still be banned from beaches and parks! Negativity will get you no where

Positivity won’t get you anywhere, either, unless you act, make calls, write letters to the legislators. I’m not writing letters to them opposing this, so don’t worry.

well good luck to the people that will benefit from this , I am lev 3 so hopefully we can get down to getting some of us 3’s off that have clean from any further pumped sex crimes for 30+ years ,of course I am good for protecting my self from witch hunters and cops taking there side , I Know I should have just let these people just put my family and myself in danger and all that , but that’s not going to happen , but that don’t make me a danger ! I should get a medal… Read more »

Anyone who wishes to watch the Senate procedure and vote on this bill can watch it here:
https://vimeo.com/219916952

Thanks Wonderin. It’s always interesting to hear the irrational ramblings of self serving politicians trying to rationalize irrational positions.

Thanks for the video link. Great dialogue on our “broken” registration system , and particularly impressed with the remarks by Senator Skinner and Allen as they seemed to be authentic , but what’s up with the concern about tier 2 which is basically comprised of single felony offenses? A lone offense does not translate into a propensity for recidivism. We need to watch for amendments on that one. I think Senator Stone has been chosen to be the controlled opposition because his arguments are conspicuously flimsy. We have a fingerprint database so why not keep 100 thousand plus individuals on… Read more »

Thanks for that, interesting to listen and watch

You’re welcome RW, Nondescript & CS.
Yes, it was an interesting watch with a great outcome.
Thanks for your comments and added analysis.

The final vote, as recorded on the legislative web site, is 27 – 11 (with 2 “no votes recorded”). That is a significant margin.

Interesting data gleaned from the Senate vote: Connie Leyva voted FOR SB-421, with Lara not voting on it. Republicans for: 6, against 7.

Interesting…Lara did not vote at all. He was once the author of the bill and Leyva voted yes.

I’m a bit confused. If I’m not mistaken, a 288(A) and 243.4(A) would set me to tier 2? This was over 21 years ago. Can someone clarify this please?

Here is the easiest description of how tiers will be assigned/ This is from the Senate analysis. The tiers that would be created by SB 421 are based on seriousness of crime, risk of sexual reoffending, and criminal history. Tier One is comprised of registrants convicted of a misdemeanor or non-serious, non-violent felony (exception: all high risk offenders are Tier 3). Tier Two is comprised of registrants convicted of a serious or violent sex offense (exception: all high risk offenders are Tier 3). Tier Three is comprised of registrants ever found to be a sexually violent predator, habitual sexual offender,… Read more »

I’m wondering what constitutes or who determines “high risk”. I remember many years ago when I was still on parole and for the first few years of registering, the registration office said I’m “high risk”. Then several years after, I later discovered that I’m “not” high risk. Does anyone know where I can find that information? Because it then would seem I’m a candidate for tier 2…. based on what Steve mentioned.

I really hope califorina changes there registry laws the homeless population is so high and we all know 70% of them are registrants its sad cuz I see a lot of kids walking down the street going to school passing by homeless people standing on the corner with backpacks all the time how does the registry keep those people safe the only thing it does is apply punishment for life on people they don’t want to admit it but we all know it’s true its lifetime probation… as we speak every registrant is being investigated by a detective and if… Read more »

Aero1 ,,,, What ? look man I am lev 3 , and all my stuff is over 30 years old , and have been held more than accountable ! I did 5 years on a 9 year beef , did my dam paper , and did every dance I can , only to have to worry about my family being harmed by sick ass mite witch hunters ! and let me tell you something , you better hope there is a God to have mercy on your soul ! don’t worry bout mine , so go pound sand Gov slave

For those of you that are being selfish and believe the registry list should be all or none, remember that even if some of your current advocates will not have to register, don’t think you will have less supporters. As this and other group’s readership expands, new supporters will continue to be added. Most likely as new reforms are won, the number of advocates will continue to increase. Always remember that no matter what, they are always looking for new members of the “Price Club”, which will only attract more participation for reform.

Adding to Lake County’s thoughts, anyone who is hoping for “all or none” is going to be disappointed. Setting aside everything about SORs, recidivism, etc., this law is changing a part of the culture (i.e. removing a perceived public safety scheme, which may well be viewed as increasing public safety risk). As with any cultural change, it cannot happen quickly or the members of the culture push back. It’s the old concept of boiling a frog slowly. The only instance where culture can be changed quickly is via court decision–but even then you get push back; this change is being… Read more »

I don’t disagree. Totalism, perfectionism, purity are all things we are fighting against. But there does have to be a norm set for just how far the legislature can go. And that norm is the Constitution and that is decided in the courts. This tiered bill is going in the right direction, but it is still based on the misconception that registration is regulation, and we can be regulated at a whim like regulating poisons or cattle. There has to be an understanding of what is a right, that steps beyond the praticalities of public safety and convenience.

Having read the 2003 Smith v Doe case often, there were five main thresholds that made the registry a regulatory scheme. One of those is due to the high level of recidivism, which makes us a public safety, like a disease that cannot be controlled on its own. Yet Dr Ellman and Ellman have proven those recidivism rates false. There are other thresholds that surpass the regulatory scheme, but the fact the SCOTUS used false facts should be paramount to re-visit this case! Any case using false facts should be re-visited. At that time, then they can compare what occurs… Read more »

I wouldn’t call anyone wanting to get off this blasted registry as being selfish. The lifers have families, too. Many are deeply ashamed of what they have done and are empathetic with others on the registry. The same can be said of a misdemeanor offender who wants this law and calls the rest hardened offenders that don’t deserve any relief. That can be considered selfish also. Whatever happened to with justice for all? I don’t care what you call me. I don’t have to accept poison words and won’t. On the other hand, I appreciate all the research you have… Read more »

More information can lead to better discussions or, possibly, more venues. I get what Timmr is getting at. Me, I have a 1203.4. That implies I’m probably a low level registrant who will hopefully be removed at the earliest opportunity available. Yet, most of my ideas span for all registrants. I actually don’t like this tiered proposal as it’s akin to a “bad plea deal”. The registry is unconstitutional due to the fact it surpasses the threshold of what is regulatory under the 2003 Smith v Doe case. This tiered proposal is far from what Janice wants, which is to… Read more »

Just read the text for AB-558. I could not find any information that included a 314. Would a misdemeanor 314 still be excluded?

@Janice Bellucci I see a lot of good info being exchanged regarding 288 convictions. But there is a huge group of JUVENILE offenders whom were TRIED as ADULTS for 261 (rape) offenses, which in my opinion 99% of them should not be forced to register or should have ever been convicted of this specific charge. One may assume if the juvenile was tried as an adult that his circumstances must have been very serious. That assumption is entirely wrong… the juvenile system refers ALL serious felonies to ADULT court. Essentially anything more serious than a fist fight at school or… Read more »

I just found out about this bill this morning and my stomach was immediately upset and my mind raced uncontrollably. As a prospective tier 1, I kind of feel like this is too much to hope for, while at the same time, praying with my entire being that this bill will end up being signed into law. My emotions are all over the place. I’m sweating. Never in the past 15 years have I ever let myself have a glimmer of hope that something like this would occur. Now, I don’t really know how to handle it. I feel like… Read more »

Luke, for some reason you should feel relieved and greatfull for each and all that have done everything possible to actually have this bill, this teared system, you sound really childish and ignorant and you sound it’s only you and about you, wake up and realize there’s hundred and thousands of registrants that have been on for 15/20/25 years and even longer that that, back when I was 21 I hired a 3 lawyers (total in price $15,000) they all submitted all my info to Sacramento and received a no pass by desicion, went to court 2 months to get… Read more »

I think you’ve misunderstood Luke’s post. He’s excited for the bill. He was explaining his emotions at just now learning of the tiered registry.

Alex, thank you. You’re correct.

hooks I for one will never quit until the registry is completely reformed to those who the government can prove with clear and convincing evidence standards that a person is a credible threat to public safety. That’s my threshold. Even those people should not be subject to the public notification scheme just as they just released aso called SVP up here in a small community nesr Sacramento people are putting up big red signs news crews all over it and just mass hysteria over it. he was released from the mental prison build what’s the dude have to lose if… Read more »

Sorry to hear that Brandon. One thing at a time. I would imagine that conviction is a level 3!

Drew, are your convictions Felonies or misdemeanors? If the 243.4 (a) is a felony, Tier 2. If a misdemeanor, Tier 3. Get these reduced to misdemeanors or expunged stat!

@USA If I’m not mistaken you commented to Timmr for supposedly being negative. But you just commented to me negatively with that exclamation point and saying one thing at a time insinuating that I am putting the horse before the carriage by simply explaining the juvenile offenders situation and asking what SB 421 means when they say adjudicated as a juvenile. This law is suppose to be about letting people off the registry who do not belong on there. Two 16 year olds who have consensual sex with eachother do not belong on the registry for life. Your comment was… Read more »

That’s just ridiculous. Two teens having consensual sex and it is charged as an adult rape? I am learning just how brutal this system is every day. What evidence do they have that once you have under age sex, you are going to continue to seek under age sex throughout your life? I’ll posit their is none. They can’t show much of a chance that any sex crime is going to be repeated by a former offender.

@USA, you mean to say “If the 243.4 (a) is a felony, Tier 3. If a misdemeanor, Tier 2”? I believe you said that backwards. As far as I know, you cannot reduce that to a misdemeanor. In addition, those are barred from being expunged. But, regardless, it seems your statement contradicts what I’m reading from others posting. But then again, I probably need someone with a expert’s mind… a lawyer’s mind.

Janice, care to chime in?

@Drew
243.4(a) misdemeanor- tier 1
243.4(a) felony – tier 2

If convicted of felony 243.4 (a) and sentenced to probation or less than one year in jail it is reducible to a misdemeanor by 17b and can be expunged and eligible for a COR if probation is completed.

If sentenced to prison- it can never be reduced to a misdemeanor and not eligible for a COR

So the way the bill is written anybody that has been arrested for failure to register has a three-year enhancement if it was a felony and a one year enhancement if it was a misdemeanor after completing the minimum registration requirement of 20 or 10 years 20 years for tier 2 and 10 years for Tier 1 if im reading it right ???

Brandon, I have no idea what your talking about. You shouldn’t ask for assistance. You sound very defensive and clearly Narcistic/your the victim! Sorry to hear that. Don’t read between the lines

We all know that the sex offense registry is a cruel and highly unusual departure from the justice system of this country. It has never met the standard of a 51/50 hold ( being restricted against your will if you are deemed a threat to yourself or others) because that requires frequent reassessments. So assuming this bill passes and becomes law, which I believe will happen, I am somewhat troubled by the petitioning process- not because I don’t think there should be one, but because of the amendments that have been added after the safety committee hearing. According to the… Read more »

I am sure we all went through a thorough eveluation process during our trial, psycology evaluatioms, interviews with probation, letters of recommendation, victim statement, delving into any past offemses. This languange is sounding perversely like a second trial. That can’t be allowed. Maybe the DA conducts investigations and finds someone to accuse you of something nefarious. You have done nothing wrong for the ten or twenty years, but say a neighbor who is just a pain in the ass and been accusing you of make believe offenses for years now has the ear of the DA, accuses you of something,… Read more »

@timmr “the language is sounding perversely like a second trial” Indeed, and those with a skeptical eye will see this. While I’ve been a proponent of the tiered registry since the first draft, I remain somewhat dubious as to why the legislators and law enforcement are all of the sudden gung ho to get a tiered registry passed. Have they suddenly developed a conscience? Had a change of heart? Probably not. I will never believe their motives are to promote justice of any kind. I do believe they are thinking long term, and one of the problems for them, is… Read more »

My feeling is law enforcement is calling the shots. I don’t think we have much influence in this. We have a few voters, not the 100,000 + potential if every registrant voted. ASCOL’s lawsuit are a source of power, that can substitute for lack of votes. I would like to have a discussion about a class action suit. Doesn’t mean we go for that, but we have been beating this tiered bill to death, as if we can say, put this in or leave that out and the legislators are going to say great idea, let’s do it.

This act ventures as double jeopardy. The tier states lvl 1 duration is 10 years. The use of extra evidence to be off the registry to extend the year(s) on the registry is an enhancement after the fact. You cannot be tried for the same crime twice, thrice, etc… Especially if the crime has been dismissed! It doesn’t exist. We aren’t trying to get out of jail. We’re already out. Again, the only way to thwart this part of the law is to contest the equal protection of the same group. How can 10,000 registrants come off the registry without… Read more »

I do have to agree with you guys regarding neighbors. I’ve went through home construction and had neighbors calling the city and complaints, gossiping around the neighborhood and pounding on my door etc. (jealousy/I’m not on the website). I would assume any complaints etc would need to be validated etc.

I do have one VERY important question. I’ve not heard anything regarding this. Where would you file this? Original City of offense? County where you reside? Just curious

Question: Which DA’s office will take the application to be removed from the registry? Where I live or where I was convicted? If there is a distance between each how could the faraway place know my history and any incidents that would influence the release?
Thanks

That “faraway” DA’s office would use your criminal history – which is available to them via criminal history databases.

@Aero1,
If that’s true about the enhancement then that’s bull$h!t.
Someone that fails to register will be locked up, and they will do everything they can to send them away for years in prison. Then they’ll have probation/parole all over again not to mention the second charge they get stuck with and whatever fines they’ll have to pay.
That enhancement would be a second punishment for the already extreme debt to society that was paid.

Correct nondescript!

I had my PC 243.4 (a) reduced to a misdemeanor and expunged (wobbler). A Felony will be Tier 2 and Misdeneanor Tier 1. I’m simply implying that if you have a Felony capable of being reduced to a misdemeanor, do it now! The Public Defender can process this!

I hate to be one of the guys asking about my tier but I guess I am that guy… 311.11a felony? The

If that’s all you have, its tier 1.

The main difference between Tier 1 & 2 are a few enhancements. If you have these, you’re tier 2. Otherwise, almost everything code wise is tier 1.

No idea about your Tier question but have .02 for you. Get your 311.11 felony reduced to a misdemeanor since it’s a wobbler. This will qualify you to be removed from ML website. Took them 2 years to put me on the site. About a year later I was off after getting it reduced. Hired an attorney to send a letter to the DOJ to remove me (“update their records”). I’m sure they would have left me on there forever had I not had an attorney contact them.

Thanks ms but I can’t get my felony 311.11a reduced because long story short I bought a bunch of stolen property (including a couple of laptops) and some dope from a woman I used to date. So I have burglary, possession of controlled substance and possession of cp, which sent me to prison. I fought it for 14 mos then gave up and signed a deal for 6 mos in prison.

Hopeful: I’m no attorney but I would think you can still get your 311.11 felony reduced because it is a wobbler. 311.11 is not a straight felony…unlike other felonies you may or may not have. You might think why bother having the 311.11 reduced if/when you have other felonies on your record (stolen property, whatever). You should pursue it because getting the 311.11 felony reduced will qualify you for being removed from ML website if this is your only sex offense. I suggest contacting recordgone.com…they will tell you (free of charge) whether or not you qualify for the reduction. Doesn’t… Read more »

Only ACSOL can answer all these questions no one realy knows we just gota let it all play out it is what it is only time can tell you can only go up from here lifes a bitch then you die stressing over things you have no control over is stupid so just be happy and live life to the fullest and look on the bright side it could be worse you could all be in jail wit no hope at all

I would recommend anyone interested in SB 421 to go online and thoroughly read it. When reading it there will be a lot of sections of law and penal codes in which you may also have to google. I have been following this from the beginning as well as following the comments. Some of the people leaving comments are helpful but others such as USA are spreading misinformation throughout this comment section. Most all questions we have are in SB 421 if you take the time to thoroughly read it.

So, am I reading this correctly that if they’re a tier 2, part of the bill is that their address will no longer be posted on the Megan’s Law site, just the city and zip? My husband is due to be released before the end of the year after 13 years in prison, and he’ll be tier 2 I’m sure, but should have a very low score on the risk assessment. This tiered registry gives me hope considering I’ve spent the last 13 years watching the media frenzies and the witch hunts, trying not to freak out. My community is… Read more »

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