The Supreme Judicial Court vacated and set aside a superior court judgment affirming a Sex Offender Registry Board (SORB) decision to classify John Doe as a level two sex offender, holding that there was not substantial evidence to support the hearing examiner’s decision to classify Doe as a level two sex offender by clear and convincing evidence.
SORB classified Doe as a level two sex offender after Doe was convicted of two counts of open and gross lewdness. The superior court affirmed. The Supreme Judicial Court vacated the judgment, holding (1) SORB had jurisdiction to classify Doe as a sex offender; (2) in order classify an individual as a level two sex offender, the hearing examiner is required to make three explicit determinations by clear and convincing evidence; and (3) in light of this three-prong test, the hearing examiner did not support her decision to classify Doe as a level two sex offender by clear and convincing evidence. Opinion
Before my appeal went through, Kate Frame was the one who represented me in front of SORB. She was telling me about this case. I cannot say enough good things about her. She is a wonderful human being and an amazing attorney. She and Eric Tennen are the Janice’s of the East Coast!
“in order classify an individual as a level two sex offender, the hearing examiner is required to make three explicit determinations by clear and convincing evidence.” So I’m wondering exactly what the criteria is for the new California tiered registry and the justification for putting CP offenders on level three.
How often can California evaluate you? Once ? If you did a tier 3 crime and you are on there forever with out an evaluate on if you will reoffend 20 years later?