CA: CASOMB Discusses Tiered Registry Bill

The California Sex Offender Management Board (CASOMB) discussed the Tiered Registry Bill and registrant statistics during its monthly meeting today. The discussion included a detailed account of the history of the Tiered Registry Bill as well as its future.

Dan Felizzatto, the lead lobbyist for the Los Angeles District Attorney (DA), who was the bill’s sponsor, led today’s discussion. The lobbyist stated that the bill is the result of a “team effort” that included a diverse group including law enforcement, victims rights groups, Equality California and the ACLU. He noted that the bill began in January as Senate Bill 695 with Senator Ricardo Lara as its author. When Sen. Lara declined to move the bill forward, Sen. Wiener agreed to author Senate Bill 421, which had many of the same provisions. That version of the bill was stopped, however, on September 1 when the Appropriations Committee failed to release it from its Suspense File.

According to Felizzatto, the Governor persuaded the Appropriations Committee to resurrect the bill in the form of Senate Bill 384. As part of that agreement, Assembly member Lorena Gonzalez-Fletcher, chair of the Appropriations Committee, drafted new language which assigned most, but not all, offenses involving a minor on Tier 3.

CASOMB member Janet Neeley clarified that those convicted of PC 288(a) will be assigned to Tier 2. She estimated that up to 50 percent of the registrants in California have been convicted of that offense.

Felizzatto conceded that the bill assigns anyone convicted of a child pornography offense — including possession, distribution and/or production — to Tier 3. He added that he expects there to be an opportunity in 2019 to revise that part of the bill.

The Governor has not yet signed the Tiered Registry Bill, however he has publicly stated his support for the bill. The deadline for the Governor’s approval is October 15.

Also during today’s meeting, CASOMB member Brenda Crowding of the CA Dept. of Corrections stated that there are a total of 5,745 registrants on parole. Of that total, there are 2,936 parolees considered to be high risk. CASOMB member Neeley stated that there are a total of 105,122 registrants in California. Of that total, there are 76,228 in the community (not incarcerated). In addition, she stated that there are 16,359 registrants in violation and 6,557 registrants who are transients.

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@Janice, I’m not understanding why a felony 243.4(a) is classified as a tier 3? I got a 288(a) and 243.4(a) back in late 90’s for “playing doctor” with my younger siblings. That being a tier 3 also doesn’t make sense.

I really hope even that one will be renegotiated in any possible upcoming battles.

I got 2 felony failure to register and at the time of each one I was in compliance with law enforcement i was arrested on technicalities of the 290 penal code so now I have six years added to my 20 I’ve been registering since I was in high school for dating a girl who I now have three kids with its been19 years already obviously I’ve been through hell and back but the good news is I have three years to possibly get them dropped to a misdemeanor so wish me luck 😓

By the time 2021 comes this bill will be either repealed or completely changed. The way the bill stands today I would benefit but im not giving my hopes up. Ive had to register since 1996 and seen so many bills and laws change in several states. It would be great to not have to register anymore. I have a family and 3 daughters whom 2 are going to be going into highschool in a few years. Before all these new laws etc I was only going to be on a registry for 10 years after probation. I met my wife and we decided to start a family knowing one day we wouldnt need to worry about registry. Well things sure have changed! My personal opinion while I do think the registry is unconstitutional I believe being published on megans website is more damaging. I believe we need to fight to change the laws to allow us to be able to get off the website. I dont care about going down to the pd once a year. Dont get me wrong I would rather not have to. Lifetime registration is wrong but Having to choose to register for life and not be on the website would be a choice I would make.

Well my first failure to to register I just had a baby she was like 5 days old my mother-in-law and wife ask me to stay with them and the baby for a couple days so I did ..not knowing that my name had came up on one of those compliance checks so when I wasn’t home for 2 days they follow me home from work and follow me to my mother-in-law’s house and arrested me on the third day i got 3 years probation… the second time I was in the process of moving I sign the lease and notify my probation officer that I had signed a lease she told me if I had access to that property I needed to go register the address right now even though I was still in the process of moving so I did and law enforcement has jurisdiction where I was moving from arrested me for not deregistering even though I wasn’t finished moving basically I did with my probation officer ask me to do and they arrested me gave another 3 years probation so I did 6 years probation

All of this talk about 288(a), what then is 288(c) which I copped to? If you have an expungement then what have I been convicted under for the purpose of tiers. Mine was a “wobbler” which went from a felony to a misdemeanor to removed (expunged)!

Drew, if you look on the Megan’s Website, I believe misdemeanor sexual battery and misdemeanor indecent exposure are considered others (not publicized online. Felony Battery requires approval. Unfortunately, people look at child molestation differently than touching someone without their consent. Society views touching a child much differently than an adult. It is what it is. I believe the laws changed years back with what charged ciuid be reduced/expunged. If your eligible, you have time and good luck. Great news the Governor supports the bill.

Thank you Janice.

The bill is better than the status quo.

The registry, however, is ineffective and unjust. The bill doesn’t change that.

There are some glaring flaws in the bill, such as its equal treatment of attempt crimes and completed crimes.

Has the Govenor signed the bill yet ? When is he expected to ?

Has the govenor signed the bill yet ? If not when is it expected ?

Everything I see reading the bill in it’s entirety says nothing about 311.11(a) MISDEMEANOR being tier 3. Where is that coming from other than this DA?

Here is what I see.
“(1) (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.”

“(c) The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.”

What am I missing??

My gut feeling that who registry will be rule unconstitutional before the Tiered Registry will go into effect. You can throw tomatoes at me in 2021 if I am not correct.

I see a lot of people worried about being on full disclosure. I worried many years ago much like all I hear here of not being put on, had an exemption but the DOJ read the records and made the decision that even if it was a relative disregarding the actual PC code I was charge with. The Ventura County PD paralegal did not think that it was right at what they did. They can actual adjudicate you again behind closed doors and make some determination that perhaps the DA should have used a different code. It was terrible to be put on full disclosure then a have the Simi Valley law come about shortly there after. My 288(a) was dismissed and expunged automatically after early probation termination. I see a lot of people having to get those things done years after on their own. I have no ideal why all my stuff was taken care for me automatically and not for others. I feel how you all feel, it makes you feel helpless. I have waited a very longtime for a law like this so I can get out of all this fuckin shit before I fuckin die. All with CP’s hang in there, donate and hope it will be changed before going into effect. Even though it is said that 288(a) are tier two and I would be able to get off. I have fishing ticket that I had to go to court for while on probation and was put on probation during my probation. I told my PO and she laughed and thought it was ridiculous that I even got a ticket. I wonder if the DA will use my fishing ticket to screw me. Just imagine if any try to do such, it would be very funny. I will also have to worry that in the next three years the 288(a) does change. It will be time to die!

Lot of discussions here, but I really don’t see any light at the end of the tunnel unless the tiers are retroactive for time you have already been on the registry and time you have not reoffended. I am old enough that even Tier One or Two will likely see me dead before I could get off. I don’t like this whole Tier business and have no faith in it. I think it’s a deceptive smokescreen than won’t help most of us. I am 20 years on the registry and eight years out of prison with no reoffense. If the ten years could apply to me I would get off in 2 years, but aha!, 288a, although that’s not what I was convicted of. They changed it. When I answer the questions on the Static 99 myself as honestly as possible I come up with a -1, but they have always listed me as moderate to high risk. They do that to a lot of us because, well, who’s to challenge it. I have lawyers writing me all the time saying they have ways to get me off the registry, but I don’t trust them. Already spent 110K on lawyers who said my case was a slam dunk and then took the money and bailed. I register regularly and don’t really have any trouble as I am still self-employed. I get a compliance check now and then. It only lasts about 3 minutes but I get a yard full of goons in full combat gear coming through a closed gate marked no trespassing. I ask if they opened the gate and they just respond, don’t worry we will close it on the way out. They are not allowed to enter past a closed gate, but that never slows them down. It’s a game to them and the politicians and no one has our back except Janice and her people. I’m pretty much ready to move out of state anyway and I have identified some good prospect. I don’t really believe that this is going to end anytime soon so it’s time to leave. For the rest of you all, I sincerely hope that sensible laws are passed and you are allowed to resume your normal lives. Good luck.

10 more days i hope this bill passes

So things like high Static 99R score or possession CP offenses will be enough to put someone into Tier 3 under this new law. In Nevada, law enforcement is required to notify anyone “likely to encounter” a Tier 3… whether this be at work, around the neighborhood, and/or places a Tier 3 registrant volunteers at. You think the yearly compliance checks are bad now??

My opinion: How long before this tiered registry morphs to villainize the Tier 3s that probably don’t deserve to be placed into Tier 3 (or even 2). Again, I’m talking about those with high Static scores, CP possession offenses, even previously violent offenders who have been offense free 20 to 30+ years. These people definitely do not deserve to be placed into Tier 3.

Governor Brown just signed the tiered registry bill.

Hi everyone! I need some advice on the following situation. We are currently in California, which as of now has lifetime registration until the Tiered Registry goes into effect in 2021. I am pretty sure my Fiancé will be a Tier 1, meaning he could get off in 2024. With the current law, he would be eligible to apply for a COR in 2021, right before the new law will go into effect. However, the process may take a while, and at that point the Tiered Registry will most likely be in effect. Would he still get the COR (if approved), meaning the process started before the effective 2021 date, or does it have to be granted BEFORE the effective date of the Tiered Registry? So, I have a few questions, and I know this is very confusing. Should he pay a lawyer to try for the COR before it goes into effect or wait until 2024 to be eligible to be taken off the registry at that point? What bothers me is that both the COR and the Tiered Registry still don’t guarantee that a judge will agree to take you off the registry when your time is up.
This brings me to my next question. We were thinking about possibly moving to Arizona, and his offense, as far as I know is not a registrable offense in Arizona. So, how would that work if he is required to register in California but moves to Arizona, where technically he would not be required to register? Any advice is always greatly appreciated.

I entered plea & was convicted 288 (c)
If SB 421 went into effect today which tier will I be placed?