The California legislature is considering changes to the Tiered Registry Law that, if passed, would delay when eligible individuals could petition for removal from the registry. That is, individuals would be required to wait until “on or after their next birthday after July 1, 2021, following the expiration of the person’s mandated minimum registration period.”
For example, if an eligible individual’s birthday is July 4, 2021, and he is on Tier 2, he can petition for removal on July 1, 2021. However, if an eligible individual’s birthday is June 30, he must wait to petition for removal until July 1, 2022.
The changes are included in Assembly Bill 88, Section 11, which has been passed by the full Assembly and now awaits a final vote in the Assembly. The bill is supported by both Republicans and Democrats. The bill also requires registering law enforcement agencies to notify the Department of Justice when it receives a petition.
“The stated reason for the delay in eligible individuals to submit their petitions is based upon an anticipated administrative burden,” stated ACSOL Executive Director Janice Bellucci. “In the absence of this change, courts and district courts expect to receive thousands of petitions in July 2021.”
The last day on which the Assembly can vote on this bill is August 31.
This law was passed in Jan. of 2017. That means most registrants would have filed and possibly be off by now. Many would be well into their time period of being denied and having to re apply for relief. But instead, we are now looking at giving the state a total of 5 and half more years to implement this registry. Something bigger is going on here. I don’t trust them. Janice, what can we do now? Is it worth throwing in the next levels faces, that they have had 4 and half years already to implement this administrative work? Better yet, IMO, the list should be taken down until they can get their job done, cause legally, the date to petition was Jan. 1 2017, and in reality they are violating registrants rights by not being able to petition due to their lack of organization and structure. Isn’t this a violation posting registrants faces on the internet, when they are eligible to be off possibly but are stuck due to CA bs as usual?
Are they expecting a post office Christmas mailing rush like wave? Get’em in and process as they come in in the order received as originally planned. Govt makes excuses for stupid things in their thinking.
Unless the top article has a typo, I’m confused.
“on or after their next birthday after July 1, 2021, following the expiration of the person’s mandated minimum registration period.”
I read that as if your first birthday after July 1, 2021 is July 4, then you can apply on July 4. If your birthday is August 7 then you can apply on August 7. If your next birthday after July 1, 2021 is May 15, 2022 then you can apply on May 15, 2022. So on average, we will be delayed 6 months with some more and some less.
Am I interpreting this wrong?
so I called today to make an appointment for registration update, my birthday is July 31 *thankfully* so was wondering how it would work this year with covid *going forward* I would have to see if I have been tiered by DOJ & they are allowing themselves up to 2 years to tier people, once you have been tiered you will file paperwork with the district attorneys office & that’s when you will find out if you are required to register or not, & you can request your paper work on July 1st 2021, & they have up to 2 years to tier people & you can’t start the process until they tier you, so this year i made an appointment, I basically just walk in, they see my face, no pic, no finger prints, no initials, police mentioned ill be there less than 1 minute, I just call the # when I’m outside the station, I pretty much recorded our conversation & also recotder call *video* as well *just in case* but I also requested paper work stating I did my yearly registration, this hopefully is my last year but with that up to 2 years *just more fine print* WE are not looking forward to *GOOD LUCK TO ALL*
Is there any planned effort to defeat this misbegotten Bill? Will a letter writing or phone calls help? I am willing to pull out all stops to see this get bottled up in some committee and languishing there until it justly dies.
I suppose that ACSOL may need to seem neutral on this, (not harm the courts)…but we do not need to.
Also, is the Static 99 assessment still on for individuals with very old convictions? Is the 2 year wait still being required for people that have no Static 99 assessment? These individuals should be first in line due to the fact that their convictions are so very old…and in society since then without out problems.
(ie my conviction is 35 years ago now…multiple decades old…and some static 99 evaluation is…going to do what? I’ve run my numbers and I should be fine with multiple long term marriages…but what about people that score poorly with old convictions? Also, with multiple divorces they could say that I remain a poor risk because of these….all of this is Stupid….the Static 99 should be excised as boog-a-loo science, voodoo magic that…has no basis in anything)
Rant off, good luck to everyone.
Best Wishes, James I
Compliant states are: Alabama, Mississippi, Florida, Delaware, Wyoming, South Dakota, Maryland, Kansas, Louisiana, Ohio, Tennessee, Nevada, South Carolina, Oklahoma, Colorado, Virginia and Missouri. Source is Smart website
I had my conviction *took a deal* back in 97, I never even heard of that static-99 up until hhhhmmmmmm,,, about 2 years back, & even back than there was no tiered system, & for me there was no management board to determine my risk level, I was & never ever been classified in any single way. so if the D.A wanted to view my static *good luck*
Wait. Aren’t some registrants that are currently unpublished on the public registry supposed to become public on Jan 1, 2022? If so, what about the people born between Jan 1-June 30? Will they now have their identities published for six months, give or take, while waiting for their petition?
That seems unfair and could probably be challenged since some people would be unfairly burdened by this change.
Is there any movement, in regards to this bill, about 311’s being in tier 3? What can we do to get forward momentum on a change for this?
Does anyone know if the DOJ gets a record of Expungements or Certs of Rehab from the Courts? If so will those be used to set Tier ? If not how would someone get that information into the hands of DOJ as they sentence people to Tiers?
Thanks
I imagine you had a charge where an expungement and COR didn’t remove you from the registry? I firmly believe a 17b has the most impact on the tier. There are several convictions impacted by a plea being reduced to a misdemeanor! If your granted a 17B, it’s a misdemeanor. There is a difference between getting a felony reduced pursuant to 17b and later expunged. Own a gun etc. If just expunged, I recommend contacting an attorney to clarify. Nobody on this site is qualified to answer your question accurately. Contact your local public defenders office
J, I recall when the internet website just started. I was on it, but since my charge had been reduced to a misdemeanor, I was automatically excluded! I called the DOJ and faxed my 17B and was removed that day. I suggest filling out the form and emailing or faxing them the document. Good luck
🤔 I remember buying my first computer around 1987. I paid extra for a 40 MB hard drive. 5″ floppy disks and no internet yet. 🙂
Ah, the good ol’ days. 🤣🤗
How does one petition? is there a link to a gov site for the petition? something streamlined for this? or is the petitioning obscured and need a lawyer?
What about all the people who’ve been convicted of failure to register if I understand correctly it’s 1 year for misdemeanor (FTR) and 3 years for felony (FTR) what if you have multiple convictions of (FTR) do they all add up to run concurrent.
Plus there adding another year just goes to show they don’t intend on letting 70% of people off the registry.
The other mind-boggling part of this whole thing is what about people who find themselves placed in a tier to be determined once your place in this category it literally places you in limbo and puts you on time out for 2 years.
So even if you’ve been on the registry for 20/30 years you could be placed on time with no explanation or reason why and you cant address the court or the DOJ until 2 years has passed.
GOOD LUCK
Here’s an article written about the tiered registry with direct quotes from Janice. It’s a very good read and Janice denotes problems with the petitioning process as opposed from the automatic process, which this article queries.
Link: https://medium.com/@laurazhang/what-sb-384-means-for-californias-sex-offenders-29a988001cfd
The way the congress people talk about having control over our freedom still sure feels like we’re still under custody and this feels like a hearing to be on parole. It’s essentially a second bite at the apple if the DA and Judge reject the petition because they’re judging this based upon the original conviction. They’re extending the length of supervision just because as Janice points the pattern in Orange County in the article.
@Janice, how does this tiered registry work as far as petitioning? I have a 288(A) charge, so does it go by 20 years of registration, from conviction or release from prison? I am asking because I was given probabtion, subsequently I violated that due to not really understanding all the rules and served 4 of 7 year sentence. So my conviction is 1999 but my release from prison and finishing probation is three different dates, which one are they going to use?
Curious…
If no one can start applying until July 1, 2021 and the state now wants to prevent those who qualify to petition on July 1, 2021 to be postponed to July 1, 2022 because their birthday/re-registration dates are before July 1, 2021, then why extend the CoR application until Nov 1, 2021?
We know the application process starts July 1, 2021 and it may take up to three months to get an answer. The state shuts down CoR option for registrants to de-register for a minimum of 6 months to a max of 9 months, starting Jan 1, 2021. Why not extend the CoR process until July 1, 2021 to de-register since it’s essentially the same outcome – to de-register.
*****
Another question to Janice and company, is the tiered petition going to carry the same benefits as a CoR? The CoR is a court order declaring a person convicted of a crime is now rehabilitated. It also opens up more job possibilities with licenses and security clearances. Does this tiered registry only de-registers you after a minimum of 10 years of waiting? That’s what one has to do for the CoR.
Are we getting shafted again to where we have to petition to de-register as well as to have the courts declare we’re now rehabilitated? That’s twice the legal fees. That means we’re again getting segregated to do more than what other convicts have to go through, right?
Regaining liberty and life just feels like quicksand. I want to move forward, but the state just wants to keep pulling me down.
The next step should be lowering Tier III from life. Its incredibly stupid to base lifetime registration on the age of the victim alone. It seem idiotic to say a persons “dangerous” when they’ve been out for decades, married, and raised a number of children. How can it be justified to say they’re dangerous and need to stay on for life? Even saying they must do 30 years is way too long. If anything, no longer than tier II if they keep out of trouble, but if they continue to get into trouble, they stay on (i.e. life).
New, great points! My court date for a COR is in December! It took 5.5 months to get a court date! The COR sends a strong message to licensing boards that an individual is rehabilitated. Furthermore, not all registered individuals will be relieved of registration.
*JANET BELLUCCI* thank u sooooooooo much for your time and for you very prompt answer, do you or anyone has any idea after one petitions July 1st what is the grace period for being officially de-registered? * i qualify for tier 2 * i ask because my birthday is july 31st, is it automatic? would i still need to register on my birthday after I petition? yes its 31 day so I’m kind of interested and *EXCITED ONCE* for my actual birthday.
thank you once again
good luck to all
Ms. Bellucci,
I have until April of 2025 under the 10 yr plan, although with a misdemeanor C.P. Hanging around my neck, it could be forever. So I figure I have 5 yrs to hope and work at changing the law. Either way, in 2025, I am wheels up and out of the U.S. it would just make it easier if my record was a distant memory.
So get off your chair and get to work! ( 🙏🏼 ) .
Thanks MOT! It’s been 24 years. PC 243.4 with summary privation. LA is pretty fair. 17B and expunged. No issues prior or after. The deadline is 12/31!
*JANICE* I’m soooooooooo sorry *MY APOLOGIES* I was literally going back & fourth editing, 7x to be exact even after editing things were changing back and my eyes were proof reading, my apologies once again and thank you for you and your team for your ongoing commitment.
*GOOD LUCK TO ALL*
@Janice Bellucci
Starting July 1st 2021 will you and your staff at ACSOL be helping registrant’s petition to be removed from the sexofender registry.