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California

Assembly Committee Stops Tiered Registry Bill

The Assembly’s Appropriations Committee today failed to release the Tiered Registry Bill (SB 421) from its suspense file.  As a result, the bill is dead and will not move to the Assembly floor for a vote.

       “We are disappointed that the State of California will continue a lifetime registry for virtually all registrants,” stated ACSOL Executive Director Janice Bellucci.  “The Appropriations Committee had an opportunity to correct this 70-year-old mistake, but instead decided to continue it.”

       The Senate passed the Tiered Registry Bill earlier this year, including all committees and a floor vote.  One Assembly committee also passed the bill, however, approval by the Appropriations Committee was necessary for the bill to move forward.

       “We thank all of the registrants and family members who helped move the Tiered Registry Bill so far,” stated Bellucci.  “It is because of their support that the Tiered Registry Bill almost became law.  We will repeat and build on those efforts in 2019.”

Related Media

http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-bill-to-reduce-names-on-california-s-1504292042-htmlstory.html

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Thank you for the post and effort, Janice. Thank you and all your staff and everyone that tried to help. It’s an unfortunate day for all RC’s.

Two questions: Any idea on why it wasn’t released? And why a two-year wait to start something new?

Thank you, to everyone that put in effort on this. While many views on this bill have been discussed the effort to try and improve our situation is always appreciated.

Hope is a wonderful thing, and with organizations like this I have hope that the fight will continue … thank you

Was there an explanation on why this wasn’t released?

They do not give reasons for the most part. It could be no factual money numbers. The important thing right now is the Colorado Ruling.

I’d love to help the cause what’s up in Colorado?

They don’t need to give any explanation, how ever there are so many federal case s moving though the federal court that now it’s time to pititon the Federal Court’s here in cal, to move towards an equal opinion as those other Federal Courts that the system of life time registration is broking, & any law that is broking is nil & void

Well, I am on the fence on what to think about this decision. Part of me wanted this bill to come into effect if it gave hope for at least some to be removed from this unconstitutional list, and the other part was against it since it would somehow indicate that a registry, any registry is acceptable, even if amended. A registry is never acceptable and we need to work on making it unconstitutional. Maybe, the Colorado court case came at at the right time, and maybe we will have a better chance now to abolish the registry rather than… Read more »

I’m going to consider this a blessing in disguise. Although this bill would have benefited me, it was still incredibly flawed with the endless amounts of changes that made it harder for anyone to get off the registry. There were no guarantees of anyone’s petition getting granted. I’d rather take my chances and probably have a higher probably getting off the registry with a CoR in 2020 than wait an extra year with this tiered proposal.

The news out of Colorado is probably the foundation for this organization to move forward with completely abolishing the registry at its core.

Colorado decision means NOTHING. It will move on to the US Supreme Court and be shot down as have any attempts to change or abolish the registry. What needs to happen is everyone on the registry needs to start flexing some political muscle with votes our numbers are growing they can’t keep turning a deaf ear for long

SCOTUS has already ruled in our favor on parts of the registration this year.

http://www.cnn.com/2017/06/19/politics/supreme-court-facebook-sex-offenders/index.html

This isn’t nothing. And what does voting power have anything to do with SCOTUS? We can’t vote them in or out and they’re their for the rest of their lives. Even if you’re referring to voting in representatives, they have far more other voters that they’re more likely to listen to than us. There’s 100k of us in CA versus 39 million other residents.

AlexO,

No I am not referring to voting for SCOTUS members. I to understand how our government works. Yes I am talking about our elected representatives. However, you are not seeing the big picture. There may be only 100k registrants now but the number will grow. Then add into that family members and other supporters and the fact that not everyone votes in a election. Our influence can only grow.

AlexO

Your right SCOTUS has ruled on some parts but as for registration itself they side in favor of continuing it.

Not any time recently they haven’t. The last direct case was in 2003. A ton has changed since then. Even during the case I linked, one of the justice said something to the respect of “the amount of control over RCs life once of supervision is concerning”. They just couldn’t actually do anything about that as that wasn’t the case before them. Besides, the original key argument of “frighteningly high recidivism” has now been completely debunked, with 15+ years of data on how public exposure has greatly over reached the original intent. One can no longer claim being on the… Read more »

AlexO

I am one who would be over joyed if SCOTUS ended registration, but it’s been decades it still lives on.

If SCrOTUS issued an opinion, how is it enforced? Registration and Account Security Facebook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission. You will not create more than one personal account. If we disable your account, you will not create another one without our permission. You will not use your personal timeline… Read more »

@Thomas

Don’t be like your Biblical namesake and start to doubt. The Tenth Circuit is possible next and that will be known sometime in the next 60 days if it is petitioned there or not.

TS
Yes it may go to that but eventually the final vote is the Supreme Court which sides in favor of registration.

That’s not entirely true. The supreme Court only sided with the registry based on inaccurate research in the Alaska case. Without that, I think they are in agreement that it is a punishment and therefore requires due process. Don’t give up.

@Thomas

If the Tenth does not take it, then it stays within CO as is and SCOTUS does nothing with it.

TS
If the 10th does nothing with it it stays in CO does not become judicial precedent for anywhere else.

@Thomas

Correct, stays in CO and no precedent elsewhere; HOWEVER, it gives case reference to use elsewhere in effort to chip away as long as it is not don’t facially. See other discussion points here and at NARSOL website for this legal angle.

I think they will say in the end a registry is only a list and the legislature must try, try to clean it up. Our job may be to convince the most people that the making of the list itself was where it went wrong all along. The legislature took the list as a remedy for the aberrant actions of a very small group of convicts, applied it to large groups. Even for the very few it may not have prevented the crime. It was a mistake to apply it as a general remedy for sure. Best to present it… Read more »

I agree. We need more organization against it so many voices aren’t heard

Fine, they wanna keep a registry so overblown that the public doesn’t use it? Great. Isn’t that something we’d prefer?

After reading the bill and its amendments, I am glad it died. I am sorry, but I don’t care about anyone else but me, and it screwed me over, maybe not as bad as lifetime, but then there’s not much difference between a head shot and a gut shot. I am leaving U.S. as soon as I possibly can, so I am just counting the days.

where are you going please share with all of us thanks

My deepest thanks and gratitude go out to Janice, her team, the Board et al. I can’t thank you all enough for fighting on our/my behalf. Everything you’ve done and are doing is so deeply appreciated. As a beneficiary of this bill, I have been hesitant to comment since I knew my benefit was another registrant’s burden (i.e. those who would be worse off with its passage). I would have been eligible to come off in the first year. So yes, this is a very devastating day for some (maybe many?) of us. And yet I totally understand that some… Read more »

My guess is that this committee didn’t see any money saving, and even an increase in spending, were this bill to pass with the current amendments. It would cost a lot of money to create the tier and then place 100k+ people by going through that many files. And since it didn’t drop anyone automatically anymore, and required every to actually petition the court once they reached the qualifying time period (and even more cost), there was just nothing there of value to the state. I honestly don’t even know if the origin, un-amended, bill would’ve passed without the auto-drop… Read more »

I agree. Thank you so much Janice and all that fought. I didn’t agree with all the changes, but I had faith in Janice. We have to keep fighting!!!

i dont know what planet you are from but a blessing in disquise “yeah right” this registry is waaaaaay over rated!!

Something tells me the Colorado ruling had something to do with this. After all, they said in the senate that they know this as it is, is unconstitutional. They were only moving to a tiered system as a means of preserving the registry itself. But then the ruling comes along when it’s on a tiered registry, and a reasonable person would conclude “what’s the point?”

with all the support from law enforcement, parole officers,judges,woman support group,some public officials,the general people,district attorneys, am i missing something to why it would not pass? is it to literally keep people in the system because it takes money out of the system? would it cost to much on manpower to take every one off? is it to create more government and city jobs in and around to monitor people? all these rules and facts that were passed by local cities were now in doubt from what they originally passed, im not sure what channel the committee was on or… Read more »

The bill, as last amended, would not save much money at all, and in fact very likely increase the cost due to implementation and later a court hearing for everyone that qualified.

Also, it may have had something to do with this news yesterday.

http://denver.cbslocal.com/2017/08/31/sex-offender-registry-constitution/

The common refrain is that “they make money off the system.” No. Registration costs governments lots of money. That money is money that could be spent elsewhere.

@James Respectfully disagree. If can you show the cost is great to the government, before or after the registrant fees are included, please provide proof here in this forum. The basic cost really is only the software to register someone because the staff is usually already there and paid for since they process others in addition to registrants. If the cost to the registrant was dismissed and the registrant still had to register with an employee who is already there in place as a regular member of the department to do processing, the department losses money from the registrant. Departments… Read more »

In California, no fees can be charged for registration, so the foundation of your arguments is flawed.

The costs incurred are the labor for law enforcement officers and civilian staff to register 110,000 persons, and police to ensure compliance. These costs come out of each agency’s general budget, leaving fewer resources that can be spent on basic police functions.

@James Actually James, who said the basis of the argument was CA? It could be and is many of the other 49 states of the Union and it’s territories. Get rid of the registry, no more fees or the ability to charge a fee if it is chosen to down the road, but money is still lost at that point. You also seem to forget the money these departments receive from outside entities, e.g. DOJ, to enforce the laws too. Look at the recent compliance checks in Sac Town with how many different agencies/offices? If they were not doing that,… Read more »

This legislation is California, so, it is reasonable to interpret any discussion to be based on California law. Law enforcement officers are paid out of that government’s general fund – not reimbursed by the state DOJ.

With ruling in CO, I think it is best, now to take down the registry and there will not need for tier bill.

@Harry

As someone once said on here, as CA goes the rest of the nation goes. Now, if CA did just that and took it down and the rest of the nation did too, then the world would be in a much better place.

Good luck waiting for the registries to be taken down entirely. Look at the politics. Let’s focus on reality.

@ James A <<< Who's reality ? and Who's perception ? , looking at many of the moods of higher courts in other state and Fed courts seem to be looking at things different than yourself , this is not a plea deal , no , many have already did their time years ago , I will not sign up for more punishment just because a dog bone is on the table . and someones point of view is that the registry cant fall

The reality is the animosity most of the public has towards us, in case you had not noticed.

@ James A ,,, ,, the reality is that regardless of what GP think , we still have rights if we all ready did your time , because I don’t remember making a new deal with the court , or have you just gave up because some a$$ mites don’t like you having rights ? give your own away , not everyone else’s , they are not yours to take or give , some want to stand for ours , not bargain for what already ours

hey counting the days,, see ya !!!!! you won’t be missed, there’s no reason at all for you to stay here, pack up and get out, there’s just another registry waiting specially for you wherever and whenever you go!! so all your talk,,,,, is just talk..

Hope all that opposed are happy now, I am done visiting this site….It offers nothing but false hope and depression constantly.

I admit that I was excited and hopeful about the possibility of being free from registration.
I have found many of the postings negative and belligerent. It seems like many frequent posters have an axe to grind or are just haters. I do believe sites like these could use some moderation.

I like this site. And it does have a moderator.

In regards to the end of the road for SB421, some of these comments expressing relief that it died have been very articulate. I don’t agree with them but I guess as a 62 year black man / African American I don’t know how to be relieved with losing an opportunity for change in the hope that something better will come along tomorrow. After 24 years on this registry I tried not to get my hopes up but I admit to falling into that hope trap. I guess I’ll need to find a career other than Addiction Counseling. Good effort… Read more »

Are you implying addiction counseling has a high or a low success rate?

I have been a certified Addiction Counselor for 16 years and was able to slip through the cracks until a few years ago when the Live Scan Fingerprinting became mandatory to be employed at any treatment program that receives County or State funding. They cannot hire sex offenders anymore even if they wanted to. CDCR also contracts with most treatment programs to provide services to the criminal justice population and the contracts specifically prohibit hiring sex offenders. I was hoping that SB421 passed so I could be removed from the registry. I’m one of those who would have qualified hands… Read more »

I see, I am sorry. I wish someone could have benefited from this bill passing.

I’m so sorry Rodney. This is exactly what I’m talking about, if you work in the prison system or you work with adults only, why is that an issue for sex offenders? Yet a murderer or a drug dealer who takes more lives and affects more lives than a petty sex crime one can mutter as young person, can’t do shit… I’m just so frustrated!!

I’m sorry this is occurring for you. Hopefully the Colorado ruling will snowball in dismantling the entire registry. Keep in mind that the failed bill wasn’t going to take effect until 2021. So who knows, maybe even better things than the bill will happen in the next three years.

I’m sorry for all those this would have helped, and like others on here I hope you’ll look at the bright side. With all of the recent decisions across the country in our favor, this setback just helps the case for Californian’s on the registry to challenge the core of it in a class action suit. The fact it is lifetime for all gives you even more ammunition to challenge it than other states. We’ll have to see what Janice says in the future. I haven’t heard her opinion on a challenge to the entire scheme, as everything has been… Read more »

This was only a small hope for some. We were settling for a registry that is in itself unconstitutional. Every single person here has paid their debt. Why is selling drugs to children, carjacking someone, shoving a gun in someone’s face and threatening to kill them for heir money, grabbing an old woman’s purse, or driving drunk any less a danger than looking at photos or having minor contact? The entire registry in unconstitutional. My crime an punishment should be dealt individually with my actions. I should not be paying the price for something that someone else did or might… Read more »

Just my opinion and why I went with the ACSOL position of this bill. Sweeping government actions are great, but even they are vulnerable to the culture biases. If you want a type of permanent change you have to change the cultural mores, and that is done best by increments, not one revolutionary action. Our Bill of Rights came about by centuries of case law. Cultures evolve, they just don’t spring into being. The culture of America was in the making, including some bad parts of it (Hey, Salem witch hunters), long before the Declaration of Independence. Lincoln freed the… Read more »

Dear Janice et al THANK YOU for your extreme efforts thus far. I was hoping and praying for a better outcome today, but I’m not giving up hope. Shake it off, something better is coming!
I am so thankful and grateful to have you on our team. This is not the end.

Strength and courage aren’t always measured in victories. They are measured in the struggles they overcome. The strongest people aren’t always the people who win, they are the people who don’t give up when they lose. I am proud to say that I participate in the struggle which ACSOL represents and I am grateful for everyone who has has worked on SB 421, especially those not on the registry. I have found great comfort in knowing that I am not alone in my desire to make this world a better place and have known the love of all those who… Read more »

Very well said Mark. Just want to thank Janice and this Organization for your steadfast effort in trying to make a huge difference in so many people’s lives. You’ve accomplished so much thus far for us in California. I hope one day you will ascend the steps in Washington DC and help to put an end to this ploy that has been perpetrated on the American people, because I do believe that all of us could end up on a registry of restrictions of some sort or another in the not so distant future.

Thanks to Janice and ACSOL and Sen. Wiener and everyone who lobbied for this bill with calls and attending hearings. The tide is rising and I think this has brought the necessary attention to a serious problem. Next year I hope someone’s courageous enough to rewrite a more fiscally sound bill that will get through Appr.

The governor would not have signed it anyways !!!

Wrong. He committed to signing it.

My most humble thanks to Janice and everyone else who dared to stand up and make a difference. In my eyes you are all angels!

I’m very disappointed, but there looking at it from a longer term perspective, I see the progress that we have made. We have been stopped in the Assembly Appropriations Committee before. We have been stopped on the floor of the Assembly. We have been stopped for lack of an author. Each time we’ve been stopped we learned a little bit more. I think our lesson this time is that the bill is too complex. When we read a bill and see complexity, others read the bill and see cost. I know that we no longer drive this car, but to… Read more »

I am so glad this bill was stopped, because in truth, it was NOT a good bill for us. Now they have an opportunity to try again next year with a better version that hopefully isn’t amended to the point it creates more confusion and delays implementation for years and years. We should all be relieved, not bemoaning this. It was going to create more problems than it fixed.

Perhaps but it was better than nothing and many would have benefited from it.

Now we have nothing – the light at the end of the tunnel has gone out.

It is NOT back to the drawing board is is GAME OVER.

You will lose battles in every war. That doesn’t mean to stop fighting. The oppressors want you to roll gives over and give up. It’s time to rally. Call your representative and let them know your story.

Maybe the next tiered registry bill can have automatic removal from the registry for Tier 1 and Tier 2 after 10 and 20 years respectively. Then there will be no petitions or static this or static that tests. Then they can’t say it will cost too much.

I’m disheartened that this bill was stopped. Although not perfect, it was a step in chipping away the 70 year old edifice of lifetime registration. Note, this still means Ca supports a lifetime term of registration. The registry is a privacy issue, as denoted by the Colorado courts today (although, I’ve been making the point it always was about privacy). Meaning a lifetime term of negation of pursuing and obtaining privacy still continues. Here’s Ca Constitution Art 1, Sec 1: ================= SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and… Read more »

I’m still proud that we’ve gotten this far and I have all the confidence in all my heart that we can all have our lives back someday.

Just one question: why do we have to wait till 2019? Why can’t we try again in 2018?

What difference does it make with the years of our lives ticking away.

It might as well be 2055…forget it. I have hoped and been opportunistic enough for 10 lifetimes well no more. Government has unlimited funds and the propaganda and manipulation politicians get from the sex offender registry is too valuable for them to EVER LET IT GO!

The more I think about it, the more it bothers me. This is the stupidest and most ignorant reasoning for State finance officials to say that it would involve “significant ongoing cost in the tens of millions of dollars for technology costs.” Since when does it costs tens of millions of dollars to REDUCE your workload? I used to work in the IT business, and I worked for one of the biggest websites in the world, so I’m no stranger to database-driven websites. Trust me, the Megan’s Law website is NOT that sophisticated. It’s prehistoric compared to the other platforms… Read more »

@Has Had it It doesn’t cost that much money as you alluded very astutely. It is a profit scheme to supplement the coffers much like asset forfeiture is. You are correct obviously in the technological methods in which things could be easily corrected with a few keystrokes. You would think they are thinking of punch cards with the amount of money they are citing. Just like those who have to register paying a fee to defray the costs for folks who are already employed fulltime and have a job regularly with now an added duty, they can do this without… Read more »

I think the government is using “fear” in stating the cost of the technology to do changes, disregarding using technology to start up the program.

Starting anything costs significantly more than maintaining it.

I’d like to see the specifics of the cost regarding technology.

I was on the fence with the first two drafts of the tiered registry. But with the most recent revisions, I felt that the bill began to evolve into legislation that many would likely regret. Personally, and I know many of you differ from my opinion, I think that the death of this bill is a blessing in disguise. Some things that bothered me with regard to SB 421 was how the most recent draft limited SARATSO / Static 99R scoring to one’s score at the time of release. This was logically faulty in light of the 2016 Coding Rules… Read more »

I tend to agree with you, Ross. Although, I thought the inclusion of the STATIC-99R/SARATSO SCORE within the bill was unintentionally brilliant and to our ultimate advantage. Brilliant, because it will instantly become their nightmare. Or, at least, in the fullness of time (as measured in several months).

The real question which needs to be addressed is “who” in the Assembly actually voted against this bill and is there any recourse to let this person(s) know that we will eventually find out the truth and let it be known? Perhaps we need to start paying attention to those who are biased beyond reason and are only imposing their will no matter what their colleagues decide as a majority on behalf of the voters. San Diego might be a good starting point.

California loves flirting with this bill they don’t want to force this bill on everybody right away because they’re afraid of the backlash so just like everything else there going to slowly start to push this bill on everyone whether they like it or not. I do truly believe this bill will pass one day sometime within the next 8 years. Until then the only way to live in peace and be free of all this craziness and keep law enforcement off your back is $MONEY$ every dollar you obtain is one inch closer to your freedom privacy and living… Read more »

I personally could have lived with the Senate version and would have benefited, But the newest version I absolutely did not trust! And now I’m actually relieved to be back at the norm. I think we gained a lot during the process: We learned of their needs to reduce not grow the registry; We have in our possession a video by the CASOMB that shoots arrows all through the premises for these laws. We still have some un-seeming partners out there like it or not for them; we have December 2016 with being in a stronger position to begin the… Read more »

From this experience, I learned that CASOMB is absolutely *not* our friend. Don’t be fooled with that video. The CASOMB video was nothing more than propaganda designed to prepare us for a “risk” based system — which sounds nice. However, when ‘risk’ is based off of Karl Hanson’s Static 99R scam then they have/had the intent, all along, to peddle a “tiered registry” based off of pseudo science. This is further evidenced by the fact the most recent revision of SB 421 locked in SARATSO / Static 99 scores at the time of release, with no further opportunity for Static… Read more »

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