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.”
https://oag.ca.gov/sites/all/files/agweb/pdfs/csor/registrant-faqs.pdf
Being a hopeless optimist in the face of overwhelming contradictory evidence I will try to find something positive in this. First, it is better than life on the registry across the board for all –thank you Governor Brown and all those that supported the tiered registry. Secondly, it does appear there is some wiggle room here, and it appears that not everything is set in stone. Long ago ACSOL said this would be a work in progress and that is what it appears to be. Unfortunately, as usual, the politicians seem to like to do things behind closed doors with out the input of those annoying people who they represent and who pay their over inflated salary. But the overarching optimism I find is that we have Janice and the ACSOL staff who are more knowledgeable in this effort than anyone and they are on our side…so I remain reservedly optimistic.
Huh, I just posted a question about this a few days ago.
And my understanding was that for the tier 2 that didn’t get a static-99 score, we might have to wait 22 years.
Looks like we can request so we don’t have to wait up to 24 months to get our assigned tiers.
Still so many questions..
If I’ve moved out of state for 10 years, where I am not required to register- do I still have to wait 10 more years to apply for removal if I move back to California?
I haven’t had to register since moving out of California. Will they post my info on Megan’s Law website even if I dont live there?
Who can I go to ask these questions?
Yep, keep polishing up that pile of crap that is the Registries. It’s “protecting” so many children and will only get better. I’m glad I’ve never needed Nanny Big Government to “help” me fake protect my family.
Frankly, if these criminal regimes had any sense or clue, they’d be falling all over themselves to remove nearly everyone from their Registries. But they don’t. They are too stupid to know they should and too arrogant to care.
For me personally, I’ve been listed for so long that it hardly matters to me these days. They can keep me listed or not, I’m not going to let it affect me much. But I am going to continue to really, really harm them every day. I am going to continue to add to their casualties. So I have to say that I dare them to keep me listed. I especially dare them to keep harassing me. I’ve proven they’ve lost and it’s only going to get worse for them. Sad.
Reality: The $EX Offender Registries are nothing but a giant pile of excrement. They are clearly not needed or beneficial. That is trivial to prove. There is nothing legitimate about them. They are nothing but harassment by out-of-control Nanny Big Government and the emperor never had any clothes. They are all liars.
I think we should keep on suing until the Megan’s law falls apart.
Big Question: are tiers based upon original conviction/plea? Or, resolution. What about charges reduced to a misdemeanor? Expunged? There is a big difference between a felony and misdemeanor sexual battery? According to attorneys I’ve reached out to, a PC 17B (felony reduced to a misdemeanor) is for all intense purposes a misdemeanor. There are questions about felony expunged? Or, misdemeanor expunged? Happy New Year!
Still no word on how 1203.4 will affect tiers since the law says you are no longer charged with a crime for the most part.
Sooooo sick of the flaming hoops. We’re the only ones getting burned. The goddamn goal post is forever in motion backwards. What’s that? You want off after TWENTY YEARS???? Ok…you can “ask politely” and we’ll see. Oh but wait 2 more years for this…and another 2yrs more for that. Goddam this State and the scumbags that run it.
And furthermore I hope to see us all band together for those of us nearby being harassed by “neighbors” and making their lives miserable for their vigilante bullshit.
This is going to be interesting. On July 1, 2021, they start accepting petitions. Six months later, you go up on the Megan’s website, which could be catastrophic for many thousands of people who have re-built their lives, particularly those whose offenses were decades ago. So, that gives us a six month window. Appropriate measures must be put in place to ensure that those who get relief do NOT wind up on the website either by mistake or because the DOJ is unable to move quickly enough to prevent that from happening. Once you’re up, the toothpaste is out of the tube. It goes everywhere. You will never be able to catch up with all of the publishers out there who will make a lot of money off of this by splattering your name and picture all over the internet, and we all know that anyone seeing it will view you as some sort of imminent threat.
Sent an e-mail asking about expungments and 17b… this was their response:
Please be advised, for your convenience we’ve enclosed our “frequently asked questions” document regarding Senate Bill (SB) 384, tiered sex offender registration. Unfortunately, the California Department of Justice cannot provide you any legal advice concerning SB 384. Therefore, if you have any questions regarding your tier status or petitions for termination from the registry, we recommend you contact a public defender’s office or a private attorney.
Thank you,
//AR//
Department of Justice
California Sex Offender Registry
Matthew, I had the same response about 1 year ago. Disturbing. I contacted a few attorneys and everyone had the same response. PC 17B is pretty clear. It’s a misdemeanor if/when granted. I think (I’m not a lawyer) the PC 1203.4 might be different (ie: felony just expunged). This is why (websites) lawyers recommend the 17B and then expungement. I was (crazy) stopped after my plea years ago /I had 3 months to voluntarily turn myself in and was detained. Something showed in the system? I did a PC 858.1 as well granted. FYI
Well that’s just delightful!
Everyone who should know the answer to a question either doesn’t or refuses to answer. Anyone who wants to do something is told “wait and see”. When inquiring about how long of a wait “not sure, but when possible you can ask again” .
I tried and I tried and I tried to warn everyone not to trust this. Now you’re seeing why. Incrementally isn’t going to work in our favor. The only thing that will ever work in our favor, the only thing to support is to take it all down.
The sex offender registry needs to end, pure and simple.
@American Detained in America
What strategy do you propose to take down the entire Registry if you believe that incrementalism won’t work?
I have contacted my attorney also regarding penal code 17b, and the same answer he also gave me!
“Once the felony conviction has been reduced to a misdemeanor; IT IS A MISDEMEANOR FOR ALL PURPOSES!
So if you have had your felony reduced to a misdemeanor then you are a Tier 1 offender.
After reading that FAQ, 7-page pdf, I have questions aside from what others have already brought up.
Point 1. If a registrant has a non-California conviction for which they are no longer required to register in the state of conviction, they may still be required to register in California
What?! This doesn’t make any sense b/c the crime was not done in California. And if a person is no longer required to register in the state of conviction, then how are they a “registrant” still? So California law can supersede another state’s judgement/adjudication? For example, let’s say Nevada has an age of consent of 17, but California has an age of consent at 18. Does not this potentially mean any one who had sex at 17 or with a 17 year old will have to register in California when that person moves here?
Point 2. Each state/jurisdiction has their own sex offender registration requirements; therefore, the CA DOJ cannot confirm a registrant’s requirement to register as a sex offender in another state/jurisdiction. Registrants should contact the sex offender registry for the appropriate state/jurisdiction for additional information about registration requirements in that state/jurisdiction
This is the opposite direction of Point 1. If I am de-registered in California, that does not mean I am de-registered in another state? What?! This means I potentially have to virtually petition off of every state or US protectorate that I move into? I don’t know how this makes sense. How is Point 1 or Point 2 not considered double jeopardy?
Does this also mean we’re all perpetually non-removable from the IML?
Once you’re off the registry doesn’t necessarily mean you’re off the registry b/c you could be forced to register in another state. This is an abuse of power as well as crosses into cruel and unusual punishment. This is supposed to be statutory, but now this new law leaves the potentiality of perpetual registration forever. What is the point of getting off the registry then?
Point 3. The CA DOJ cannot provide legal assistance. If assistance is required, a registrant may contact the local public defender’s office or a private attorney.
CA DOJ is writing these laws. Why cannot they provide legal assistance? Why are we forced to either pay for a private attorney or hope to get a good public offender? If this is statutory and the tiers designate who fits where as well as sets up the requirement of time, then why are we being re-judged again? The test here is time. According to CDCR/Probation, they considered 5-years of not accruing any new infractions would designate an individual rehabilitated. Why isn’t this a simple “check the box” requirements to get off the registry? Instead, you have to do all that and hope you don’t get a too biased judge.
Judges still carry animus about the registrant class. Judges still believe that registrants are always on the hunt. How are we going to be protected against biased judges when the law does not recognize that registrants have the lowest recidivism rates brought about by CASOMB and the research work by Dr Ira and Tara Ellman on “Frightening and High”.
Also, if the judge does adjudicate you can de-register, the judge’s adjudication could me absolutely nothing due to Point 1 or Point 2.
I’m mystified at the lack of definitive judgement of de-registering!
1203.4 sets aside the conviction and for all purposes of law, states it was dismissed. It doesn’t relieve you to register but you can put no on most applications that you were convicted of anything and employers cant use it on background checks. IF approved, it may drop you from megans law like it did me.
You guys need to get your info straight. You need (if necessary) to get your charge reduced to a misdemeanor PC 17B and then expunged PC 1203.4. If a judge (in Ca) grants a COR, this will be sent to the DOJ, which in turn will send you a document relieving to to register! If you obtain a COR, your no longer required to register!
Certificate of rehabilitation
The second option for clearing your sex offender status is to apply for a California certificate of rehabilitation. Unlike an expungement, a certificate of rehabilitation relieves your duty to register under Penal Code 290s Sex Offender Registration Act.33
You may apply for a California certificate of rehabilitation seven to ten years following your release from custody or from parole or probation (whichever is sooner)34 if you meet the following requirements:
the court expunged your case,
you have not been incarcerated since your case was dismissed,
you are not on probation for the commission of any other felony, and
you can prove that you have lived in California for at least five years prior to your application.35
Matt, I might suggest not judging others. Especially on this site. I was in shock the guy was still registering, Interesting party is correct. There are select registerable offenses that are no longer required to register after a COR.
As I’m sure you must know, just because they do not adopt regulations, it doesn’t mean they cannot adopt an illegal underground regulation.
Hello, a pc 17b The felony conviction must be what is known as a “wobbler.”
2You must have been given probation, and not sent to state prison. If you served any time in state prison you are not eligible to reduce your felony. County jail is not state prison.
3If you were convicted of any other felonies in the same case, then all felonies must be eligible for reduction or none of them are. Thats the info i found, hope it helps