The Criminal Law Advisory Committee of the the Judicial Council of California has prepared and released four draft forms to be used when the petitioning process of the Tiered Registry Law becomes effective in July 2021. Comments regarding the draft forms is due to the Committee no later than June 9, 2020.
The four draft forms include: Petition to Terminate Sex Offender Registration (CR-415), Acknowledgment of Receipt by Law Enforcement/District Attorney (CR-416), Response by District Attorney to Petition (CR-417) and Order on Petition (CR-418). In addition, the Council has prepared an information sheet with instructions regarding how to file a petition (CR-415INFO). A link to all of the forms is provided below.
“It is encouraging that the Committee is seeking comments from the public regarding its draft forms,” stated ACSOL Executive Director Janice Bellucci.
The draft petition form (CR-415) consists of three pages with a total of 10 questions. Most of the questions in the draft petition form require the petitioner to check a box or to provide a short answer such as the name of the county in which the petitioner is currently registered. The petition also requires petitioners to provide proof of current registration.
In addition to completing the petition form, registrants will be required to file the petition in the Superior Court where they reside as well as provide copies of the petition to law enforcement and the district attorney in the county where they reside and/or the county in which they were convicted if different.
Two of the three remaining forms are to be completed by law enforcement and/or the district attorney. The fourth form is to be completed by the judge who reviews the petition. Judges may grant a petition without a hearing if the district attorney does not object to it.
According to the draft forms, a district attorney may object to a petition for the following reasons: (1) community safety would be significantly enhanced by the petitioner’s continued registration, (2) petitioner has not met the minimum time period for registration and (3) petitioner has been assigned to Tier 3 and does not fall under the risk level exception. The draft form also allows a district attorney to choose “other” as the reason to object to a petition. If the district attorney objects to a petition, a hearing before a judge will be held.
Regardless of whether the district attorney objects to a petition, a Superior Court judge will make the final decision regarding whether a petition is granted. If the petition is granted, a person is no longer required to register in the state of California. According to the draft form, a judge may deny a petition for three reasons: petitioner has not met the minimum time period for registration, petitioner has been assigned to Tier 3 and does not fall under the risk level exception or community safety would be significantly enhanced by the petitioner’s continued registration.
“ACSOL will prepare and send comments regarding the draft forms to the Criminal Law Advisory Committee,” stated Bellucci. “If an individual wants his or her comments to be considered as part of ACSOL’s comments, those comments should be sent to ACSOL no later than June 1.” Comments regarding the draft forms may be provided to ACSOL by email at firstname.lastname@example.org or by U.S. mail to 1215 K Street, 17th Floor, Sacramento, CA 95814.
Comments may also be sent directly to the Criminal Law Advisory Committee on the Judicial Council website at www.courts.ca.gov/policyadmin-invitationstocomment.htm or by mail to 455 Golden Gate Avenue, San Francisco, CA 94102-3688. The Committee has requested that individuals comment on the proposed form using the comment form provided below.