The stage is set. The Governor has signed the tiered registry bill into law, a law that opens a wide gap in the dam of California’s “Lifetime Registry for All”. A dam that was in place for 70 years. It is now our job to widen that gap.
The Tiered Registry will take effect in January 2021, about 3 ½ years from now. While it is truly unfortunate that those who will benefit from the “new” tiered registry will have to wait so long, the lengthy gestation period for the “new” tiered registry could provide us with opportunities to address that registry through both legislation and litigation.
First, legislation could and should be pursued during the next legislative session (2019-2020) which improves the tiered registry by broadening its benefits, especially to those convicted of non-production child pornography (CP) offenses. For there is no logical reason for, and no empirical evidence to support, the “new” tiered registry’s requirement for people convicted of non-production offenses to register for the rest of their lives.
There are additional problems with the “new” tiered registry that also need to be corrected such as the addition of people to the state’s Megan’s Law website due to a “high” score on the Static-99R at the time of their release. The Static-99R is a controversial testing instrument that produces flawed results such as scoring all gay men under the age of 25 as high risk. And even if the results of that testing instrument were considered valid, a score that is 10 years old or older is irrelevant because it does not reflect the results of post-conviction rehabilitation.
In addition, the “new” tiered registry requires a judge, when considering whether to approve a person’s petition for removal of the registry, to consider both pre- and post-conviction factors that are sure to result in prejudice against the petitioner. For example, the judge must consider pre-conviction factors such as whether the victim was a stranger and post-conviction factors such as noncriminal behavior. As written, this could mean that a judge must consider a ticket for jay walking and/or the late return of books to the public library. These factors must be modified or removed.
Second, litigation could and should be pursued to challenge the need for, and value of, a public registry in California. There are Constitutional issues, recent court decisions and empirical evidence to support such a challenge.
For example, the equal protection clause of the U.S. Constitution could be the basis for a challenge to why those convicted of a non-contact, non-violent offense such as possession of CP should be required to register for a lifetime similar to those convicted of multiple violent contact offenses against multiple children.
Another example is the ex post facto clause of the U.S. Constitution which prohibits governments from retroactively applying new laws that punish. There is a growing number of court decisions, including Does v. Snyder in the Sixth Circuit Court of Appeals, which recognize that the requirement to register as well as its collateral consequences are punishment and therefore cannot be applied to individuals convicted decades ago.
Finally, there is empirical evidence to support the fact that public registries do not increase public safety. In fact, there is even evidence that public registries may decrease public safety. There is also empirical evidence to support the fact that the rate of re-offense for those convicted of a sex offense is very low especially when they have lived outside of jail or prison for 17 years or more without re-offending.
The stage is set. There is much to do. Please join us by Standing Up – Showing Up- Speaking Up at monthly meetings, annual conferences, legislative hearings and more.
— by Janice Bellucci
and don’t forget to donate!!
Click the donate button upper right hand.
What about tiering without an individual assessment? As you know 6th circuit decision says unconstitutionall I believe I will be a tier 2 and hopefully off once this goes into affect but others deserve proper assessment.
Legislation just totally shattered what was left of my life. Trusting legislation is a bad idea an the amended version of 290 PC is the most ridiculous, stupid, backwards law I have ever seen created. That said: If there is the right case or cases to litigate, and a serious effort is mounted, I will donate time and resources to that cause. We have to take this out at the knees, with a chainsaw, rather than begging the bastards for scraps. If we are fighting, I am in. If we are begging, not a chance.
The requirement of a judge to weigh in ought to be really interesting. If someone is no longer on county probation, state parole, federal probation or federal supervised release the requirement to go to a judge will be tricky. The judge (if they are still active) who heard a case would be the most logical to seek legal permission from for registry removal but since supervision is over that judge may legally have no obligation to be involved in any capacity. Which means another judge must have access to all information the previous judge had and more (the pre-conviction judge didn’t have access to post condition factors as those factors were not yet formed). The whole thing outright seems like a giant confusing mess that will take years to figure out and that’s not taking into account conflicts between the federal tier system and the tiers in California.
A little off topic, but could those Ex Post Facto clauses in the constitution help in returning my original plea deal? I agreed to a 3 year sentence and 3 year parole. 18 months into parole, they pulled me in and said that some assembly bills have been changed and there for your plea deal is null and void. I should have been off of parole march of this year and am facing 6 1/2 more years of this. Anyone? Any advice would be greatly appreciated. (Two of the persons attending the same treatment program I attend were handed the same thing at about the same time and have been dropped from parole a month ago…my agent says nope. Not true.)
Anyway, lets say that the litigation and such go and we get to the January 2021 date, when and how will we classified? I can’t tell what tier I am going to be.
Thank you,
Tim in California
I’m sure many who follow this forum have noticed the growing use of the word “punishment” in media coverage, as well as at least one reference to “punishment” that I heard when this Bill was being voted on in the Assembly. I hope this growing consensus that the registry is indeed punishment will somehow be used in arguments in court cases that are sure to come including, I pray, all the way to SCOTUS. Perception is reality, so it seems to me that it is becoming increasingly difficult to argue that these registries are not punishment when there is a growing perception that they are, and that perception is now being held by lawmakers and even judges. The entire argument is weak. Think about it: These registries clearly punish people who had no connection whatsover to the offense, such as children whose parents are unable to attend school activities, and spouses who are ostracized by their community because of their association with the RC. Does punishment somehow “skip over” the RC? In other words, their loved ones get punished, but the RC doesn’t??
Makes no sense whatsoever. There must a judge somewhere in California who, when given the facts, would see right through this charade.
The Static-99R is not good for 10 years. Per the 2016 Coding Rules, the Static-99R is only valid for two years after release. Yes, just TWO (2) years! Not to mention, alleged “risk” is reduced by about half after five years offense-free in the community. 10 years might be giving the Static-99R too much credit than it truly deserves.
Read page 13 for yourself:
http://static99.org/pdfdocs/Coding_manual_2016_InPRESS.pdf
“The longer an offender has been free of detected sexual offending since his release to the community from their index sex offence, the lower their risk of recidivism. Our research has found that, in general, for every five years the offender is in the community without a new sex offence, their risk for recidivism roughly halves (Hanson, Harris, Helmus, & Thornton, 2014). Consequently, we recommend that for offenders with two years or more sex offence free in the community since release from the index offence, the time they have been sex offence free in the community should be considered in the overall evaluation of risk. Static risk assessments estimate the likelihood of recidivism at the time of release and we expect they would be valid for approximately two years.”
Does anybody realize how many people in the USA are added to this Registry of Punishment each week?? Come One, Come All To Witness The Greatest Show On Earth!! Bring Your Mothers, Bring Your Fathers, Bring Your Sisters, Daughters , Sons and Cousins. Step Us and Pay Right Here. Everybody Guaranteed a Seat with a View!!
The Registry doesn’t protect anybody. My co workers pass around my “Parents For Megan’s Law” internet page JUST FOR AMUSEMENT!!!
I always need clarification for my son’s situation.
From your letter: First, legislation could and should be pursued during the next legislative session (2019-2020) which improves the tiered registry by broadening its benefits, especially to those convicted of non-production child pornography (CP) offenses. For there is no logical reason for, and no empirical evidence to support, the “new” tiered registry’s requirement for people convicted of non-production offenses to register for the rest of their lives.
So, if possible the entire group of registrants who fit in this group would benefit…as stated before, to be put in tier one, ad off Megans list, which Federal Felons are exempt from at this time. But the next step is when it gets confusing. Are you saying each individual case must go to court before a judge to petition for either reducing the charge to a misdemeanor ad or to request elimination from lifetime registration. Do we wait to see what happens right now……..or should we be aggressively finding a lawyer. PLEASE MAKE THIS CLEAR, PLEASE. I am so grateful for all the work that has been done, you have no idea.
@Patsy – Yes to both. If you’re eligible for reduction of the charge, you must see a judge to do so. Then, when a persons time comes to come off the registry (T1 ten years, T2 twenty years), the person must petition the court to be allowed to do so, which can be denied (at which point I believe there’s a minimum of a year wait before you can petition again). It’s this part that Janice says shell try to fight, in essence making getting off the registry automatic when you reach your time limit (several states do this).
Thank you for your help as always, Janice!
It looks like I’ll be tier 1 and will be able to get off the registry when it is enacted in 2021. I have what is called a “fixed income,” meaning the budget is always tight. Even so, I just donated $10 and authorized it monthly. I plan on keeping it monthly for at least a year.
If I can manage this, I think most everyone can. Even the homeless can squeeze out $10 at least once.
So new rule: if you complain about the registry and didn’t donate, you’re only a whiner, not a fighter. If your family says you deserve better, ask each and every one to donate. Consider each $10 a mortar round aimed at the enemy.
Spread the word to those who may not know about this.
Congrats! Well done. I concur with the comment regarding the judge ie: jaywalking ticket etc. I certainly do agree that they should run your background check etc. But, the process should be black and white! I’m not complaining, but I think the process should take no more than 2 years. I have a reduced/expunged/summary probation battery over 20 years old. When I requested a COR, the judge stated he couldn’t find one reason to deny the motion, but it wasn’t enough?
I contributed 25 a month for some time. On retirement and SS it was the most I could manage. When my son came home…money got so tight, I could not even do that. He is working now, and we together have caught up on expenses, so I am now contributing $30 a month. The hard part is going to be hiring an attorney to handle the two petitions, but hey, I have been in debt before and I am willing to be again. Maybe he will even get a better job by then. I feel hope again, and that is better than not. You want to know my worst fear….I am a couple months away from being 72. If I passed away, I don’t know what he would do. I am trying to pay my home down so maybe he can refi and afford it. I want so much to live long enough to see him free again from all this punishment. I know, he knows, as of now he will never teach again, but, with misdemeanor status and no registration, maybe, just maybe he will. After all Chance has overcome some things and is practicing law.
I feel it’s best to focus on the fact that “risk” is halved after five years, offense-free, in the community. Here is my main point: Using the five year statistic, which is clearly stated in the Coding Rules, how can the tiered bill defend lifetime Tier 3 registration for (especially) those who score in the 6 or 7 range when their “risk” is halved after five years offense-free? Really, it seems, the Static 99R seems only valid for five years when a person has been offense-free in that time. Focusing on the 10 or 17 year statistic might be “missing the forest for the trees” when it comes to the Static 99R being able to elevate people to Tier 3. The tiered law emphasizes adherence to the “Coding Rules.” So yes, in that sense I see where concerned registrant is coming from. Just where is the 10 year or 17 year statistic in the Coding Rules? All I see is that the Static-99R is valid for two, but not more than five, years (assuming that, given the sample lumps all offense types, it is even valid to begin with).
Here is the Big Question. My expunged offense occurred over 20 years ago. I never received a Static 99 test? I’m a score 3!!
Let’s be honest, the “tiered registry” is a complete fail. I called it early on. I was accused here of being unsupportive of a tiered registry proposal that could get a lot of people off the registry. I didn’t buy it, I said at the time it was a bad idea and there were too many obstacles. Very few agreed. I would have been Tier 1 in all but the last incarnation of the proposed changes, and I couldn’t bring myself to agree that it should be supported. I said the powers that be would make sure we wouldn’t get relief from the registry, and people here kept calling me out for crying wolf. Whether it’s the DA arguing against relief in court or changing the proposal last minute doesn’t matter, the outcome was the same, we’re still on the registry. It doesn’t look like that is going to change until the registry as a whole falls.
OMG, Mr Detained, your a complete failure for not looking at the big picture! The passage of this bill is a miracle! It certainly isn’t perfect for everyone, but your narcistic or self centered comments do nothing but tell us your sour! I might suggest being more positive, start donating and try and get your offense expunged! Bad karma and negativity get you no where!!!!
I’m still in shock that this bill passed I’ll be free of this nightmare in 3 years I’ll be 40 I’ve been dealing with this crap since I was in high school I was so young I didn’t even know how to drive back then …in 3 years my two oldest kids will be 17 and 18 my youngest kid will be 13 I must say did an excellent job of keeping my kids sheltered from all this they know nothing of what me and there mom have been through before this bill was proposed I was going to leave my wife and kids to move to a different state to free them of this burden not truly being able to explain to them why I had to go but I knew i had to do what I had to do to protect my family knowing it was going to be the hardest thing i ever had to do in my life and its sad because kids need their parents lifetime registration has and was destroying families for life I’ve always had hopeGod allways had my back words can’t even explain how many bullets i Dodge from law enforcement I’ve been in that courtroom fighting for my life many times even over traffic violations they would try to give me the Max on anything just because I was a register citizen they didn’t even care what kind of register citizen you were or what you were on there for they just see SO and try to send you to prison man it’s been a crazy ride can’t believe this bill really passed now it’s time to lace up your boots and do the footwork we have 3 years to prepare our cases why do you think they made it three years till it goes in effect because they’re doing their homework they know we’re about to all bum bar the courts so do your footwork because the district attorney is going to try and do everything they can to prove that your a threat to society and save your money for the next 3 years be ready and congratulations to everyone this bill will benefit and to the people this bill won’t benefit don’t give up and keep your head up
Thank you Janice and Chance and all the hardworking ACSOL staff for their work! You have proved again and again your dedication to this very unpopular but important cause which speaks volumes of your integrity and character. You have my monthly financial support as of today. I suggest others to do the same and put aside their cynicism because I never imagined CA would enact a tiered registry. Janice and team, you guys have truly made me a believer that anything is possible as long as you keep your eye on the ball and be persistent and unrelenting in your efforts. Please stay safe and healthy! We need you.
This whole thing confuses me greatly. Maybe Janice and some readers can shed some light. First question. what about all these lawyers who send letters to my address telling me that new changes in the law can get me off the registry, by reducing crimes to a misdemeanor and other means. I don’t trust them at all and don’t believe they can get me off the registry like they say. Secondly, I am coming up on 8 years out of prison and five years off of parole with no re-offense or police contact. I register every year on time and have no issues other than the registry. When I give myself the Static 99R and answer all the questions with complete honesty, I score exactly zero. And yet they have always listed me as moderate to high risk. I had a 288a 38 years ago for which I served probation and was released early. Twelve years ago I was charged with a 311.4 and also a 290 failure to register because I sometimes stayed over at another residence and didn’t report it. Who did back then? Most of us didn’t understand the requirement then. At any rate, the DA was on a vendetta and doubled me up for the old prior. Forced me into a plea and gave me 5 years and 4 months at 80 percent. I served 51 months with no issues. Even with all this discussion, I have no idea where I would fit into the tiers except that it sounds like tier 3 because of the charges. Been around more than 7 decades and don’t represent a risk to anyone. Looking at leaving the state, but it’s difficult to pinpoint any state that’s better. And I am only interested in Texas or Nevada. Does anybody want to comment? I’m happy to listen. Some of you follow this a lot closer than I do. I still work, self-employed and doing well so I’m pretty busy all the time. Also, I want to thank Janice and her staff for what they do. Janice has personally helped me with several questions in the past. She is wonderful.
I don’t feel that @USA was in the wrong for addressing Detained’s comments im sick of people being negative about this bill because of what they’ve done in their past it’s not our fault and even after all this you’re still a tier 3 man I don’t know what you did but anybody that has to register for life after this bill passes probably did something very horrendous and they are exactly the ones the politicians and law enforcement are gunning for
3 more years wait period to find out if a judge will grant your request to get off the registry. I dont feel as if anything was accomplished since the judge simply can deny everyone.
Just noticed this about your Static 99r score at age of release and it is quite beneficial to those who have been on the list 10 years or longer.
“Time Offence-Free in the Community After Release from the Index Sex Offence
In some cases, evaluations may be for offenders who have had a substantial period at liberty in the community (since their release from the index sex offence; see definition and examples of “release” on pages 48) with opportunity to sexually reoffend, but have not done so. The longer an offender has been free of detected sexual offending since his release to the community from their index sex offence, the lower their risk of recidivism. Our research has found that, in general, for every five years the offender is in the community without a new sex offence, their risk for recidivism roughly halves (Hanson, Harris, Helmus, & Thornton, 2014). Consequently, we recommend that for offenders with two years or more sex offence free in the community since release from the index offence, the time they have been sex offence free in the community should be considered in the overall evaluation of risk. Static risk assessments estimate the likelihood of recidivism at the time of release and we expect they would be valid for approximately two years. For offenders released for longer than two years and who have remained sex offence free, consider their overall behaviour and factors external to Static-99R in your overall risk assessment.”
So if I’m reading this correctly if you score a 1 and use this formula above and you have been on 20 years you are now a minus -1. Deduct half a point for every 5 offense free.