The Alliance for Constitutional Sex Offense Laws (ACSOL) has submitted formal comments regarding proposed Tiered Registry petition forms to the Judicial Council of California. The deadline for submitting formal comments regarding the proposed forms is June 9, 2020.
“The comments submitted by ACSOL are based, in large part, upon input received from ACSOL members,” stated ACSOL Executive Director Janice Bellucci.
ACSOL provided a total of eight comments in an eight-page letter to the Judicial Council. The letter includes as an enclosure a document issued by the California Department of Justice which supports some, but not all, of ACSOL’s comments.
“The most significant comment made by ACSOL is the apparent lack of consideration for individuals who were convicted in federal, military and other non-California courts,” stated ACSOL President Chance Oberstein. “The Tiered Registry Law states those individuals are eligible to petition and therefore the proposed forms need to be modified accordingly.”
ACSOL’s comments also include a request to clarify that evidence of rehabilitation is not required when an individual submits his petition. Instead, that evidence can and should be provided only if the district attorney objects to the petition and a court hearing is scheduled.
Further, ACSOL’s comments include a request to specify what documents an individual can or should submit with his petition in order to prove he is currently registered. For example, individuals could provide a copy of their annual registration form and/or any other form, cards or confirmatory documents created and provided by registering agencies.
“ACSOL appreciates the opportunity to provide formal comments regarding the proposed Tiered Registry petitions,” stated Bellucci. “Petitions can be filed starting July 1, 2021.”
According to the California Department of Justice, registrants can obtain a copy of their Tier Assignment Letter on January 1, 2021, and later. The letters are important because they will notify registrants when they may be eligible to petition for removal from the registry.
Detailed comments that you can download below were also submitted by law professor Ira Ellman, a member of the ACSOL board, providing the statutory analysis showing why the current law does not exclude removal petitions from individuals on the registry for a federal, tribal, or non-California state offense. His comments, submitted jointly with his wife and coauthor, also provided guidance for how the forms could be revised to make them more clear to petitioners