The California Department of Justice (CA DOJ) has released new information regarding the Tiered Registry Law in the form of Answers to Frequently Asked Questions. A similar document was issued by the agency about two years ago. A link to a copy of the new document is below and can also be found on the website of the Office of the California Attorney General.
According to the new information, registrants will be able to request their “tier notification letters” from the local law enforcement agency where they register after January 1, 2021. Individuals who disagree with their tier assignment are advised by CA DOJ to consult with either their local public defender’s office or a private attorney.
“It is unfortunate that CA DOJ has chosen not to issue proposed regulations implementing the tiered registry law,” stated ACSOL Executive Director Janice Bellucci. “The process of issuing proposed regulations would allow much needed comments from the public, including registrants and their loved ones.”
According to CA DOJ, a registrant could be placed in a “tier-to-be-determined” category if their tier designation cannot be immediately ascertained. Examples of such individuals include those convicted in another state or in a military court. Registrants could remain in this category for up to 24 months and during that time, they would not be eligible to petition for removal from the registry.
Registrants who are eligible to petition for removal from the registry may begin to do so on July 1, 2021. Petitions are to be filed with a superior court in the county where the registrant currently resides and served upon both local law enforcement as well as the district attorney’s office.
The final decision regarding whether a registrant will be removed from the registry will be made by a Superior Court Judge. If a judge grants a registrant’s petition, the registrant is no longer required to register, however, it could take CA DOJ up to 90 days to send the registrant a letter “indicating your registration requirement has been fully terminated.”