The California Sex Offender Management Board (CASOMB) discussed two major topics today during its monthly meeting — implementation of the Tiered Registry and continued increases to the number of individuals required to register.
During the meeting, the board members were told that the California Department of Justice (DOJ) will assign all individuals required to register to a tier under the Tiered Registry Law. Information regarding the tier assignments will be sent electronically by DOJ to local law enforcement agencies no later than January 1, 2021. Registrants must request their tier assignment from the local law enforcement agency where they register after that date.
According to one CASOMB member, the County of Los Angeles estimates that at least 1,700 people in that county will petition for removal from the registry on July 1, 2021, the first day petitions can be filed. The board member expressed concern that there may not be adequate resources to review 1,700 petitions within 60 days as required by the Tiered Registry Law.
Due to a strong expression of interest about implementation of the Tiered Registry during today’s meeting, the leader of CASOMB asked CA DOJ to make an expanded formal presentation to the board on this topic in the near future.
Also during the meeting, CASOMB members reported that the number of registrants continues to increase albeit at a slower pace than was reported last month. The total number of people required to register in California is 109,627, an increase of about 250 during the past month. Of that total, there are 79,212 registrants who are in the community, that is, who are not in custody, including 6,772 registrants who are homeless. In addition, it was reported that there are 16,819 registrants who are in violation due to their failure to register.
Another CASOMB member reported that there are a total of 117,479 people in custody in the state of California. In addition, it was reported that there are 6,517 registrants on parole.
Here is one simple solution to getting group ; not sure the size; but if there is a way for those of us with a COR to just submit simple forms or copies of the COR and then be removed from the registry. Not sure if they want to hear from RSO.
I thought the DOJ FAQ on this stated that all the registrants will be notified by mail about their tier assignment? How will the 100,000+ people know that they need to ask their local PD about their tier? Pretty sure vast majority don’t come to this site or really follow the laws and changes pertaining to them registering.
Also, it seems too early for DOJ to have a January 1st cut-off to send out that info since people can have their records changed and cleared up to just a few days prior to this date. I foresee a fair amount of people having their records reduced, allowing for a lower tier assignment, but being caught placed into a higher tier because the information wasn’t relaid in time.
Their concern over the number petitioning to come off on July 1st, gives me the feeling that while they support the new law and are worried about the increases in registering, they don’t want anyone off it….
“The board member expressed concern that there may not be adequate resources to review 1,700 petitions within 60 days as required by the Tiered Registry Law.”
Oooh…. that is just too bad. Boo hoo. PC 290 exists entirely in the name of public safety. If that is the law it MUST be followed. Just like any other aspect of it. Strict liability is the name of the game.
Better start looking to divert resources to this task from other places. The law is the law.
“The board member expressed concern that there may not be adequate resources to review 1,700 petitions within 60 days as required by the Tiered Registry Law.“ Wow, they just now thought about this? This is a great argument for automatic removal from the registry.
The big (just want to double check) question I have is, how will the DOJ (board) tier those who have had their offenses reduced to misdemeanors pursuant to 17b and expunged!
What about those of us who no longer live in California. That has to be a lot of people.
Law enforcement in my town knows nothing about the Tiered Registry law in California, and I can’t image DOJ trying to figure out how to reach hundreds of local law enforcement departments around the nation, and that’s assuming they even have our updated addresses.
How is this going to work?
Uh…..by Jan 1st 2021 wont that be like….3yrs for them to have “prepared” to handle the petitions? Maybe send in a specialist lmao….sheesh. Ruin people’s lives and then bitch about getting off their fat asses to lift a finger for them…..California
1,700 petitions are in LA county alone. Imagine how many petitions are to be had in other counties. San Bernardino county is expansive and might be similar to LA county.
To avoid suing the state for not processing their petition within 60 days, maybe the state should make Tier 1’s automatically relieved from the registry and reserve the reviews for Tier 2’s and Tier 3’s. It doesn’t make sense to review those with misdemeanors or cases that have been dismissed after they’ve waited a decade minimum to get off the registry.
Or the courts can waste numerous amounts of resources by doing a background check through the Probation office, pay the lawyers to show up to argue over misdemeanors or dismissed cases that will clog up the courts, along with the judges presiding over the petitions.
But here’s what I don’t get. If one had their case dismissed, then the courts have convened about the case. Having another court date to review your case that has already been dismissed appears to be double jeopardy. Being rewarded the 1203.4 equates to the courts stating you have pass a rehabilitative test. This secondary bite at the apple for the state makes no sense, nor did it when one had to apply for the CoR.
The CoR was a pathway to regain your civil rights if one did not qualify for 1203.4. Then it all changed with the passing of 290.5 and 290.007. Registrants were forced to earn the 1203.4 and the CoR to get off the registry. Registrants are the only convict group where 1203.4’s benefits are negated.
@ HopingForHope: Sorry, but what are you talking about?? If you live in another State, you follow that other State’s Registry rules, not California’s. (Why would California bother trying to track down everyone who has been on the California Registry, just to inform them “Hey, if you someday decide to move back to Cali, you’ll be on Tier 2”?) 😣 SMH
I need some clarification from some one. What about us registrants in another state such as Florida. You can be off the registry in your convicting state , some how Florida tries to keep everyone on its registry even if you are just visiting here as a registrant. How would we petition. Out of state registrants are not local. Some one please clarify. Will we be placed in a tier.
So, whenever this tiered registry begins that everyone has pushed for so hard and they begin adding additional registering requirements on all those being placed in the tier three-are these same orgs and people going to say or do anything about that. This tier registry is a joke and it puts way more people back on the registry than it will every relieve of their coercion to register. Watch before a year is out, if they do not do it before the law even takes place, they are going start piling on registration requirements and restriction on every level two and three offenders. They are really going to attack level threes with a vengeance. Thank you everyone that supported the bill.:(
Yeah, I hope it is only in my head, and stays there. I really am not a pessimistic person but the reality of it is bleak when you look at other states that have done this same crap. Yes, I am grateful for everything that Janice and team have accomplished and have stated it many times and have benefited from their actions. But, I am the only pro se that I know of here in CA that has a pending case in the 9th district fighting this registry. I have not uploaded the AG briefs for the appeal yet but every thing else is on my site. https://mllkeys20112011.wixsite.com/mysite
Look at how long and how much effort I have put into fighting this with no professional help whatsoever, you would think someone would have jumped in at the appellant level, I think I can bitch a little.
But whatever, I chose to do it. I hope you are right and it all works out.
Pretty hard to be optimistic about something that is going to make my life worse no matter what. There can be nothing good come out of putting me in a level 3 category along side serial and violent offenders, especially when I am a non-contact, non-violent first time ex-offender from something that happened almost 20 years ago. The entire tier system is completely unfair and really should have been fought as a whole but now it will make it just that much harder for anyone to challenge it. These are realities man, not prophetic but educated guesses based on serious analysis of the laws and state actions, court precedent and 1000s hours research from multiple very intelligent people.
It does not really matter how hard it will be to fight the law anywhere in the 9th district since it will be settled precedent in my case once and for all in this geographical area. This really angers me to no end as no professional legal help was provided in my case when it will be such a deciding case in the 9th.
You are probably someone that is going to benefit from the law, so yeah I would be optimistic then, I can admit that.
Anyways, I hope you are right regardless.
What is up with all these people every time they say something someone does not like they come back with personal attacks or subtle jabs like, “just a sour attitude.” Sorry buddy, but really you’re not a psychic that can read minds by reading one comment in a blog. I happen to have a great attitude, and it will stay great as long as the state is not harassing me to the point that something really bad happens. I will not take restrictions and more onerous reporting requirements and all that BS while all these other people get all this relief. If life is not worth living then anything goes.
I have a question that may or may have not been addressed yet, but I am hoping somebody can shed some light. I find it ridiculous that one needs to petition to get off the registry once the time has elapsed. That gives the court/ judge too much power to deny the petition based on whatever reason. So, here is my question. How to other states with tiered registries handle these situations? Do people in other States have to petition for removal, or is it automatic there? If automatic, CA needs to adopt the same system, in my opinion.
I wish this whole registry will just go away. I wish CA registrants will sue California, just like what happened in Michigan.
The tiered registry isn’t in effect yet and already, CASOMB already aren’t playing by the rules. They were supposed to mail your tier designation, but are now making you get it from law enforcement. This is crap. Same with every other crazy thing about this “new” and “improved” law. From all the vagueness in the bill’s language, the Static 99/R crap, to how this bill can HURT as much as it can help.
This bill is just smothered with corruption and special interests.
@Roger H- Very well stated. In fact, I believe that if we push TOO hard, it could actually backfire.
I say leave it in the capable hands of Janice, Chance and others who know how the system works.
I agree with your statements but there is something else left out of your masterful writing. You’re missing the whole fact that we have to sway public opinion, which means we have to be more open as registered citizens, discuss the injustices, failures, true facts, etc to the public so they know and understand our fight.
So my research tells me that:
1.January 1st 2021, they begin deciding what tiers to put us in.
2.July 1st 2021, we can begin to file our petitions with the court in the county we reside in, also notify our registering agency so they can be aware of our petition.
3.Wait 3 weeks to see a Judge and request relief.
4.Wait a agonizing 30-90 day wait period for a decision.
5. January 1st 2022, for the unfortunate group of RCs: be put back on Megans Law, even if you had relief from being on the net, before the law was changed.
Feedback is welcome 🙂
I would like to know the number also,
“January 1st 2022, for the unfortunate group of RCs: be put back on Megan’s Law, even if you had relief from being on the net, before the law was changed.”
How is this fair? How is this a step in the right direction? How is letting some beg for relief from big nanny gov a step forward when anyone can petition the court as a fundamental right to start with without the tier bs and the BS made up criteria? How is legitimizing a registry by congratulating the enemy for throwing a dog a bare bone that very few will crack smart ? How is punishing people that have already fought and got relief by putting them back on the registry fair or beneficial? How is letting people off whom truly may very well be dangerous simply because of their charges or the pleas they took beneficial to anyone other than the few? How is breaking down a registry to make it harder to fight against a good idea? How is it that a person who fought it till the end in court whom received the max sentence (and charges simply because he fought it) and is still a non-violent, one-time ex-offender (and a non-contact offender at that) from incident that occurred nearly 2 decades ago being put in a tier three designation beneficial to anyone?
Debbie downer? I guess I am on this subject at this time and in theses circumstances.
And believe me, I am just waiting for that tier designation to hit me and I am filing in state court for my rights and not begging the court to review my case on some set of arbitrary guidelines made up by these unscrupulous attorneys and corrupt lawmakers. Because guess what, unlike the uneducated laypeople that bought into this scam unfair BS of “please can I use MY COURTS? attitude” when they are just that, OUR COURTS and OUR RIGHTS for redress, I will use OUR COURTS again and fight it until the end again regardless what anyone outside of the judicial branch claims for criteria (with no professional help AGAIN).
And also Bill,
“Yet despite that I choose to be optimistic and not feel resigned to my fate. Janice and team are gonna lobby every year to change my tier designation.”
I see your enthusiasm and optimism is attached to some type of tangible guarantee that someone will be fighting for your circumstance, no one has stated anything about fighting for those convicted of PC 288.2 which is also a non-contact, non-violent offense. I have fought crazy hard and with only the help of the few posters here on the site with no help from these attorneys or professionals and will have to do it again, I guess I should look at it in a positive light that when they designate me as a tier three I can use that as a projection of dangerousness by the gov., which is and has been considered unconstitutional with court precedent without some kind of administrative or judicial processes to make that determination.
@Mike r.
As arduous as the registry is for you and everyone else, imagine suffering it while innocent, 100% innocent, as in wrongfully convicted as was Brian Banks, who will speak at the conference.
In relation to your comment, what are you doing for the innocent? Do you help with the innocence projects even slightly? Do you help spread the word about wrongful convictions? Do you practice what you preach? I understand you have an appeal going, but until that is final we cannot rely on it helping. Indeed, it could turn out that bad facts make bad law. I truly wish you luck there.
In the mean time, as long as the government subjects the innocent to the registry, the guilty will have little leverage and little leeway to complain.
Not trying be pessimistic but have used an open mind and have came to the conclusion that the tier registry is a scam that hurts more than it helps the majority of individuals. Just facts. I respect you opinion and can only wish and attempt to educate others that the bill as written and supported is in fact a giant leap backwards and is not in any way overall beneficial to anyone except the state and those attorneys that will be making millions petitioning for people to get off the registry whom may or may not be dangerous as no one knows without any risk assessments. After all, I have heard it from the sources mouth on here from someone that will most likely get relief that the registry is the only thing keeping them from re-offending.
My big question is, explain to me how this increases public safety or how putting thousands back on the registry after they have earned their freedom from it and designating thousands more non-violent, non-contact first and one time offenders in the worst of the worst tier, and creating a possibility that a very limited number of others may have a chance off (if big nanny lets them-which an educated guess says is BS) after begging the courts and DAs (especially when everyone can already petition the courts without any legislative permission or arbitrary perimeters), how this is a step forward giving us something that each and everyone of us already posses, the right to petition the courts for redress.
A serious and simple question I believe….