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.
The only thing I disagree with is tier 3 petitions at 30 years!!!!!! It doesnt take potentially 3 decades to show you’re no longer a threat, not to mention with that amount of time, the individual has zero time to make anything of themselves without being a registrant since even if the person was released at 20 years old, they’d be at least 50 before they had a chance to get off, with most people realistically being at least 60 or 70 when allowed off, which really makes any benefit of being off almost pointless. I cant believe ACSOL actually asked for that. Why not 10, 15, or 20 years crime free? That at least gives one a chance at life before they’re too old!!!!
As it currently stands I will be apart of Tier 3. Though my conviction was in 2009 and I pled no contest, I have strong feels against the registry when I do get older. I’m currently in my 40’s but have thought what happens (I hope it doesn’t) if I reach an old age and have some kind of Alzheimer’s disease and I “forget” to register on my annual? As the law currently is and how I understand it, there is no leeway and I am in violation! I’ll be sitting in some chair minding my own business and taken away to jail or prison because I have a disease that prevented me from knowing where and when I currently am. This is pretty sad. I’m glad to hear that Janice’s presentation brought up a path for removal from Tier 3 if having met certain guidelines. I do hope the CASOM Board and lawmakers take this to heart and understand this. As the SOs become older and infirmed, they are so much less of a risk that why would California or any other state want to monitor them anymore?
I will be a tier 3 of reducing my wobble to a misdemeanor doesn’t make mine 10 years, which is rather ridiculous when federally my offense is 20 years or even 15 in other states…
I was forced to plead guilty because I was told by multiple attorneys I wouldnt win at trial even though my offense wasnt directly sexual in nature…
Great work! The one thing that I think is important is how does PC 17B and PC 1203.4 affect Tiers. I would imagine a 17B would for all intense purposes make it a misdemeanor, but the difference in some situations could be substantial. This question is being addressed to the board only !
“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.” NOOOOOO, they should be on NO registry.
“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.” NOOOOOO, 95+% never re offend.?
No mention of how big of a scam the Static 99R is?
Although I will always appreciate and support this organization, There should be exactly one message, and one message only: The registry, in its entirety, is unconstitutional. Period. End of discussion. No tiers. No timelines. No requests. No nothing. The registry is wrong. Commit a crime; pay the consequences, whatever those may be. But when it’s over, it’s over. All of the rest of this incrementalism is not going to work. We are taking baby steps when the professional liars are taking mile-long steps. We will not catch up with this strategy. Don’t believe me? Waiting for grassroots change? Ask Judge Persky how that’s working out. The efforts of this organization are nothing less than astounding and I cannot begin to describe my appreciation. I simply disagree with the application. When the tier scam takes hold….it isn’t going to get better. You have to ask to get let go. How many elected judges do you think are willing to risk their 300K/year jobs, plus benefits, to do the right thing? This entire thing had awesome intentions, but it’s going to backfire. And we should see it coming. Just because you’re allowed to apply for relief doesn’t mean you’re going to get it. Persky got recalled for following the probation report. And then he got fired from his new job because the scumbags won’t let it go. How many judges do you think are going to risk what they have for the lowest forms of scum in the state? Be realistic. This was a good idea. And it’s going to blow up. The message needs to be that registration is not legal. And it needs to go to the Supreme Court. They’re ten miles from perfect, and they have screwed up before. I acknowledge that. But there is a majority of original thinkers in place now. If it’s ever going to happen, it will be with this crew.
Janice and Chance you are a true blessing. Not everyone is happy about these events, but we all currently have registry for life. Because of you we see a tiered registry with some hope, and now some modifying of it to give even more hope. This tiered registry is a work in progress. At least with ACSOL and the Tiered registry we have some thing to work toward. Before we had nothing. Thank you, thank you, than you.
That is ridiculous you are arguing for a 30 year removal. Based on CASOMB’S own research after 17 years crime free someone’s risk goes waaay down. Why aren’t you arguing that. What aren’t you arguing that every 5 years crime free your static goes down 1/2 a point. When are we going to attack the entire scheme? 30 years your life is screwed and then to old to care.
And…nothing brought up about people wit no static 99 score? How do they justify giving someone a new level with no score? No due process? nada?
Perhaps someone needs to do some research on how the stress of being on the registry takes years off your life.
While the idea of being able to get off the registry after 10, 20, 30 years is wonderful compared to being on it for a lifetime….how many registrants will die from the stress of the registry and all it’s side effects, before they even become eligible to come off of it?
I am happy that Cp was brought up but I truly believe any NON-Victim offence ( police sting) should be a tier 1, as well a being automatically remove when then time period is reached.
To everyone complaining these recommendations aren’t enough (i.e. “There shouldn’t be a registry at all”):
This tiered registry and the recommendations of ACSOL aren’t meant to be a final solution, just a step in the right direction.
Great statements and views. I don’t think the registry will just disappear, but things can change. We would still be (can you even imagine) be banned from parks and beaches if Janice didn’t exist! The tiered (not perfect) offers hope and people will get off. Steve, thanks for your support. I’ve contacted both the sex offender board and a few attorneys. Getting your charged reduced to a misdemeanor will for all intense purposes make it a misdemeanor. Nobody seems to (not that it matters) know how expungement will affect you? I suggest everyone remain positive and 2020 will be an important year to address the new impending tiered law! Don’t get arrested!
I know that what I am about to say may not interest many of you concerend with Tier 3 issues. At this time, I support ACSOL’s position in this matter. However, I am concerned with the data CA Department of Justice reported regarding the total number of registrants in the state. I am concerned that the information/data is as a matter of fact flawed regarding transient and non-transient registrants. Specifically, the Ukiah Police Department (UPD) mandates that those registrants living in motels be treat as transients, and required to register every month. Yet UPD will check the “annual registration” and not a “transient registration”. According to P.C. 290, motels are “residencies”, therefore for making registrants who live there “Transient” and forced them to re-register monthly rather than annually; yet identify their registration as an annual, should at the very least falsification of documents, and therefore illegal. UPD will inform those living in the motel/hotel that the reason for identifying their registration as an annual every month, is so that the registration is updated and in compliance…. What? Are the serious? We live registration, and we all know our obligations. I live in a house which is also classified as a residence, just as a motel, but I only re-register once a year, when my 290 friends in Ukiah, who live in motels are required to register one a month. This may not seem important to some, but for those who are being treated different it is a lot… Even within Mendocino COUnty, the same county UPD is located, the Sheriff’s department is different than UPD. Moreover, legal statical information is gathered from these registration documents, and any law enforcement agency manipulating that information and/or data is violating the law. And, that inaccurate information is being delivered to the DOJ, who in turn provides to law makers and those depending upon the accuracy of that information. While I am no longer on parole, I do spend time with helping 290 parolees deal with life as a registrant on parole, and it is deeply concerning that statical numbers are being tossed around as factual, when here on the “front lines” evidence exists that these numbers cannot even be close to accurate. If UPD can, adn does manipulate their registration process and data, chances are other law enforcement agencies, probation and state parole manipulating their process and data. Personally, as a registrant, I believe that since DOJ is tasked with ,maintaining Sex Offender Registry for the State of California, along with maintaining the accuracy of that information, the DOJ should send its own investigators out into the field, on a unscheduled “surprise” audit of all agencies providing DOJ with registrant information and “literally verifying” the data they are providing.
problem is that the Legislator usually does NOT listen to CASOMB..
CASOMB did push for. years to get the Tiered Registry Law passed. It didn’t pass until couple years ago.
For all of you worried about reaching your 60s and still suffering the penalties of the registry, you should be!
I am 58 and under the new proposal would be eligible for removal @ 63. My occupation doesn’t lend itself to the “old”.
For that reason ( as well as many others!) I decided that I was not going to wither away in a place that had already discarded me. I did everything I could and suceeded,with the help of friends, in getting out of the U.S.
I highly recommend to those of you that have concerns about your future, begin looking now into moving to a friendlier environment. There are jobs in many countries that hire foriegners. It requires effort, but the alternative is a life of insecurity and social abuse.
I don’t come to this site now(I have left this life behind), but recieved an email about a mtg, and decided to respond. I hope the tiered registry suggestions are taken, so that if I decide to return sometime, I can do so as a “unmarked” man.
Thx
This was like asking Satan in Hell to lower the temperature and him begrudging agreeing to, but only from 1000 degrees to 999 degrees. In other words, while intentions were good, the predictable outcome doesn’t move the needle for all.
The registry proponents will always whine “it’s all we have” or “it’s not perfect.” Until we can effectively counter their inauthentic claim about the registry being a “public safety tool,” we’re just spinning our wheels.
WELL STATED ERIC! Bravo,
we are all mad and impatient,
but it won’t get us anywhere-…
except taking that energy from the dissapointed and angered while frustrated
*I just lost my own battle with SB145* awaited x3 decades for that*
and SHOW UP STAND UP AND SPEAK UP IN SACRAMENTO!
Steve, so many are feeling alike YOU.
Nice to read both sincere, serious and thoughtful comments.
So ACSOL is OK with me staying Tier 3 in spite of having no real person as a victim…way to go ACSOL, I see you really have my back! THIS is why I said from the start that the tiered registry was not something we should support.
Tiered REGISTRY is a Baaaad idea, and the Law is getting and will get worse, because Laws do not change for better playing there game there way !
Allll the people have to Completely and Utterly go against ALL the Rules, Laws, Policies , Proceedures with Very Powerful Ideas, and System and new Models for x Convicts and A RESISTANCE MUST BE ESTABLISHED…. OK WILL NOT GO TO FAR TODAY ..
I check this site from time to time just to see if there is any progress on changes to the fast approaching tiered registry and I see that a presentation for changes was made recently to CASOMB. I’m 64 years old, soon to be 65, and I’ve been on the registry for 28 years and will be tier 3 when the law starts in 2021; but I’ll also have 30 years on the registry with no additional sex offenses; in fact, I’ve been a model citizen, earning one A.A. degree and two A.S. degrees and I’m 36 units away from earning a B.A. degree in Social Science.
I like everything Gralphr wrote because he’s absolutely correct to say it doesn’t take 30 years to show you’ve changed. Ten, fifteen, or twenty years is long enough to show you can be a good citizen. The only thing I don’t agree with Gralphr about is the belief that it’s almost pointless to be removed from the registry when you’re in your 50’s, 60’s, or 70’s. All of us know that being on the registry has a high cost from the very first day you’re put on it and it’s a constant struggle to support yourself and keep a roof over your head everyday. And if you’re not already in a relationship you fear starting one because the internet makes it too easy for people to do a simple search and your picture pops up with the label, “Sex Offender” under it and that relationship is over before it starts. And if you’re already in a relationship when you get put on the registry it becomes complicated unless you’re fortunate enough to have a partner who really cares about you. The point I’m making is that when you’ve suffered those things for your entire adult life because of a single mistake, and you are fortunate enough to survive into your later years, trust me when I tell you that you will have spent every single day of every one of those years dreaming about how it would feel not to have that sex offender label plastered across your forehead. So I feel what you’re saying about everything else you said Gralphr, and you said it well, but if I’m alive in 2021, and the law allows me to petition for release, I’ll be the first in line with all my documented proof to show that I deserve to be released. And if I am successful, and have even one day off that damn registry and died the next day, I would die a happy man.
The registry ruins lives!
What about automatically dropping off after the allotted time has expired without filling the court system even more than it already is? Plus, depending on where you reside, you may or may not have a fair decision. So, even though you qualify to be removed, the DA and the court may say NO WAY on Orange County and HELL YEAH in Los Angeles. That would really be a good thing to fight for so it is even for everyone regardless of where you live.
Automatically dropping off at the end of your time is a logical conclusion for this situation much like other situations legally are when you’re at the end of that time. The only problem of it is the mindset of people to ensure in their minds people are safe enough to come off. It’s just a discriminator and a bar that has to be met. In no way am I saying that that should be the situation because I believe in automatic drop off should be the marker which is met.
If we apply the same principle to everyone who had a traffic infraction go off of their record, then the court would be backed up to no end. That may be the way to do it though because a human is still in the equation for a traffic infraction because a vehicle can’t do anything by itself without a human interacting with it. Get your elected officials to put in assessments of traffic history before dropping off any sort of traffic infraction.
Traffic infractions in this posting is just one example but you certainly can apply it to those law violations which are much worse, such as murder. work to make the situation in the environment were so people actually can take a look at it from reasonable standpoint hopefully.