ACSOL President Chance Oberstein and ACSOL Executive Director Janice Bellucci made a presentation to the California Sex Offender Management Board during the board’s monthly meeting on September 19. During their presentation, the ACSOL leaders informed the board about changes needed to the Tiered Registry and asked the board to support those changes. Also during the meeting, CASOMB members reported on the number of registrants in the state.
The Tiered Registry should be modified to allow individuals convicted of child pornography (CP) offenses to be removed from Tier 3 which requires lifetime registration and to be assigned to Tiers 1 and 2 instead, according to Oberstein and Bellucci. Federal guidelines support these changes which recommend that a person convicted of CP possession be assigned to Tier 1 and that a person convicted of either CP production or distribution be assigned to Tier 2.
In addition, the ACSOL leaders recommended that individuals assigned to Tier 3 be allowed to petition for removal from the registry after 30 years provided they were not convicted of a subsequent sex offense. Although several board members asked questions during ACSOL’s presentation, they did not agree or disagree with ACSOL’s recommended changes to the Tiered Registry.
The ACSOL presentation to the board also included information regarding lawsuits filed on behalf of registrants and their families that have led to the eradication of presence restrictions for those not on parole or probation. In addition, ACSOL told the board that a total of 39 lawsuits have been filed in order eliminate residency restrictions in the state.
Also during the meeting, the CA Department of Justice reported that the total number of registrants in the state is 108,484 which does not include individuals convicted of a sex offense in California, but who live in another state. Of that total, there are 78,435 registrants who are not in custody but instead are living “in the community”. The agency also reported that there are 16,858 registrants who are “in violation” for a number of reasons including failure to register.
ACSOL’s presentation to the CA Sex Offender Management Board (CASOMB) does not reflect the ultimate goal of the organization or the movement. Instead, it was a step in the right direction in the form of a request that CASOMB join us in modifying the existing Tiered Registry Law. CASOMB was created by the state legislature and is considered the state’s policy expert on registrant issues. CASOMB makes recommendations to the state legislature and therefore they have an important voice in any future changes. CASOMB is not willing at this time to recommend abolition of the registry, however, they may be willing to request changes to the Tiered Registry Law. There are different methods, including lawsuits, to get to the Tipping Point where elected officials and the public will understand how ineffective and useless registries are to achieve the stated goal of increasing public safety while at the same time harming hundreds of thousands of families in the U.S.
@Janice, you’ve got to work on getting Sexual Battery off of Tier 3 too. I believe that’s 243.4(A).
That one just doesn’t make sense. Getting that moved to Tier 2 will allow me to get off the registry finally.
@AJ – Thank you for you kind words! One of the things that surprises me about this website is that so few people who will benefit from the Tiered Registry Law speak up. We believe that at least 70 percent of the people who are currently on the registry will be eligible to petition for removal. That is at least 70,000 people! Where are you 70,000 people? We need you to SPEAK UP and to express your support for a law that will provide you with an opportunity to be removed from the registry as early as 2021. If you don’t speak up, we will keep hearing only from those who have not yet earned the opportunity you will soon be given. In addition, we urge you to help those expected to be assigned to Tier 3 by joining ACSOL’s lobbying efforts in 2020 and beyond. As we join together, we will be able to help those on Tier 3 descend to a lower tier so that they too can leave the registry. And if you do join ACSOL’s lobbying efforts, we promise that your voices will be heard and you will feel empowered.
Drew/Janice, great point. Drew, can’t you get your PC 243.4 (a) reduced to a misdemeanor or expunged? If I’m not mistaken, getting the charge reduced to a misdemeanor should get your charged moved from Tier 3 to 1? Please advise
Last question. I’ve never read any discussions regarding this. How will a PC 17 B or PC 1203.4 affect your tier on SB 384. The difference (Drew) between a Felony Sexual Battery and misdemeanor is the difference between being a Tier 1 & Tier 3? Janice? Drew?
The main point should be that the Static-99R, by its own “developers'” admission, is only valid for two years after a person’s release into the community.
Those Static-99R tables that claim to “estimate” recidivism five, 10, 15 years out are estimates from a person’s release into the community. Even the risk factors that determine one’s score are determined from a person’s release into the community and cannot change. Hence, logically, why the static is not a dynamic test! The Static-99R implies that things like current age, increased education, maturity, employment, and housing do nothing to reduce risk. This is absolute nonsense and is why the Static-99R is an absolute scam.
The Static-99R is grossly being misrepresented by “experts,” politicians, and even our very own advocates for something it is not.
is there a way, is it possible to reduce a felony to a misdemeanor after a person completes his/her registration? and is eligible to petition after 20 years? and crime free *only time getting in trouble*?
J
Yes! It depends if you went to prison or county jail? You can reduce certain sex offenses to misdemeanors
There is a major issue with the tiered registry as it stands. Many registrants believe they will be easily removed from the registry once their time is up. This is by no means the case. The law requires registrants to petition for removal. In other words, the Tiered Registry just means “you can ask.” But the answer may still be no, because it is up to local courts and DAs if the answer is yes or no. There’s no telling how long it will take these cases to move through the courts once filed. If denied, I believe there is a waiting period to reapply? So, if you get a judge who’s been annoyed before lunch, or an aggressive DA with a silver tongue, or perhaps your case is heard during a spell of trouble in the community, and well, you’ve gone from 10 years to 12 or more on that basis alone.
That isn’t all. Money will be an issue because you will need an attorney. In addition to filing, you will also have to get letters, tests and assessments, and all the hoops you need to show you aren’t a danger to others.
I fear many people will be paying thousands of dollars, perhaps ten or more, just to gamble on the chance to be removed.
The current law is too discretionary, and the board needs to set clear standards which make it easy to obtain removal, if it will not make it automatic.
I appreciate correction to this comment, if I am mistaken.
Hello, here’s an interesting view and point to its civil commitment not a punishment:
If courts want to give out longer sentences should the registry (rightfully) be abolished, that sounds like a tacit admission that registration is, in fact, punishment despite scores of very weak claims to the contrary.
Well first off not Every sex offence has a victim. My case there was no picture no victim as in live human child and no evidence (it was a police stinh) like me saying i wanted anything sexual in any way or in any manner, neither did the cop playing the child in all the text period. I still got convicted, the cops didnt say ( acting as the child, 14yrs) they wanted anything sexual. He said he wanted help cause he wasnt sure if he was gay or straight n if gay what would parents n friends say. But cops put false statements in my report. Now with the registry, what about the study i mentioned earlier on recidivism the government did in 1994? Shows recidivism rates at 9% on first study and every year since rates show below 5%. These studies are on the Doj’s & Smart.gov website but yet they never told the Supreme Court& lawmakers they have it wrong & when i emaile the Doj an asked why they didnt tell them he said these are 2 different departments and if i wanna change the laws contact my local legislature. What???? The sex offender registry is fraud & they know the truth but enacted it anyways and wont take it down because their making money. Plus every person put on the registry could sue. This is what we need to hit them with .