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California

CA: Legislature Considering Changes to Tiered Registry Law

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.

Join the discussion

  1. USA

    I get it. Although, postponing the opportunity to get off the registry by 1 year is troubling. The state has had years to plan ahead. Very disturbing. In shooting for a COR! Mott, I attempted a COR in OC 10 plus years ago. Judge never asked for a thing. I didn’t (my initial was in LA) put it together correctly and now concur. He denied the motion. He stated he found no reason to deny the motion, but it wasn’t enough? I’ve hired someone to run it through LA. Very positive and LA supports rehabilitation, unlike OC!

    • Mot

      USA good to hear this is going well for you. I wish you had been able to find out about Public Defenders office but as long as it happens that is most important

  2. A.D.A.T.

    As the tier system and Misdemeanor C.P. ( beating a dead horse ), I keep seeing Sex offense law firms stating that this charge is a tier 1 offense. I can provide at least 3 firms that state this on their websites, and these are current, not old posts.
    I called one firm , Shouse Law , and they assured me their info was correct. So what are we to believe. Since I got entangled in this web, I have received conflicting stories on everything from sentencing, probation relief , Meg’s page relief, registration, and more. Usually It ends up being far worse than what I am told. But this is as serious as it gets. Tier placement and registration termination is the brass ring of the whole mess. So Clarification is essential.

    • Janice Bellucci

      According to the CA Dept. of Justice, everyone convicted of a single misdemeanor offense will be assigned to Tier 1.

      • SR @ Janice

        Has DOJ made any mention of how 1203.4 will be treated?

      • A.D.A,T.

        Thank you, and does that apply to felony/ reduced to misdemeanor as well? Sorry if redundant

      • jesse

        Are you quite certain? On the official CA web site of laws I know for certain that PC 288(c) – a wobbler – is Tier 3. Specifically and explicitly, spelled out AFTER the paragraph defining Tier 1, and irrespective of crime level (misdemeanor / felony). Same is true for a few others (288.2 and .4 – from memory).

        Am I reading this incorrectly? Please comment.

        • SR @ Jesse

          Seems like you might be correct? From SB 384 under who’s Tier 3.

          (ix) Subdivision (b) or (c) of Section 288.

        • Mr. D

          As discussed frequently before it is recognized by a number of legal professionals that a 288c (misdemeanor) is not a tier 3. While it would be EXTREMELY helpful if either the DOJ or the owners of this website would provide an excel spreadsheet with a “conversion” chart for convictions to tier assignments apparently no one is for certain where a number of us will fall. I’ve had this reviewed by two extremely knowledgeable attorneys and they agree with me but until the DOJ assigns tiers I suppose none of us will truly know.

      • Mr. D

        Hi Janice – Please elaborate how a wobbler offense where the charge is reduced via 17b will be viewed. As a misdemeanor? Tier 1?

    • Past client

      I would NEVER trust anything Shouse Law tells you!

  3. j

    so I went today the 31st of July to update my yearly registration, I didn’t even walk into the police station, police asked me to call them when I’m outside, I parked kind of far so had about 2 minute walk, so as I was walking towards i called police, they said they couldn’t see me, yes I mentioned im about 8 seconds from entrance, so as we were talking police asked were you *me* walking with my hand in my pocket & baseball hat on? yes that was me, I mentioned there was another gentleman in front of me & described what he was wearing, police said thats fine your good to go, no pic, no finger print, no form(s) to fill out , nothing at all!!! so I walked away after hanging up i called again within 4 minutes asking what about receipt or documentation stating I did show, after all police words are 1000 times greater than mine in any shape or form, police mentioned they couldn’t give me that receipt but will mail me paperwork & will take 3-5 days & will be sent out today the 31st stating i did show for yearly update, so its a waiting game to see exactly what I will receive.
    *BE SAFE ALL*

    • SR

      Sounds like what I did in April, but I was able to do it from home via phone appointment. I did end up getting that same little receipt card in the mail the following week, with an additional note stating the covid-19 situation and the name of the person who handled my registration.

    • Janice Bellucci

      @J – In what city or county did you register?

  4. AERO1

    As the registry slowly die’s keep in mind just because the state is overwhelmed with there own stupid sexofender laws dont ever for 1 second think California District Attorney’s wont send you back to prison for any and every 290 violation they can charge you with especially Orange County San Bernardino county riverside county and last but not else San Diego county.
    Not getting documentations when dealing with law enforcement is just stupid theres literally innocent people locked up in prison right now for not registering in prison.
    Now that are miserable lives might effect there’s in person registration is no longer detrimental to public Safety..

    • j

      u know *aero1* how can u call a person stupid when u know absolutely nothing or all the facts by detail of a individual of his/her situation? now if your referring to me & my situation do you even know if I followed up with yet another follow up?? do you even know if I recorded my follow up question(s) with an actual video to literally hear our conversation? do you have an idea that I received a message pertaining to my registration??? *I DONT THINK SO* so now let me ask you *who’s the stupid one??? and by the way, when there’s pandemic such as covid and the police make a rule/statement/ which works for the agency, no matter how much you cry, no matter how much you complain. no matter how many calls you make, , getting physical documents are *NOT* permitted with my local agency,, thats were you have a hard time and just dont understand their rule as of now!! and even after 5 days have passed and still no documentation its an easy call inquiring about, I think all this is way to much for you to process………..

      • USA

        New Person! Correct. 17B. I’ve seen a few registrants complain the judge would only expunge their offense. The 17b is huge.

        • AERO1

          I could really care less what you did or didn’t do that’s your business if you feel comfortable registering over the phone without documentation then more power to you but in my personal opinion it’s stupid to trust law enforcement in anyway.
          I understand most people are like cattle they just do whatever they’re told no questions asked I don’t know where your from but i had no problem get documentation and if they would’ve gave me a hard time about it I would of hired a lawyer and got it done regardless

          GOOD LUCK

    • Bo

      After registering over the phone, I recieved my copy of the paperwork within 2 days.

  5. j

    registered on the 31st of July *friday* & received in mail *aug 3rd wed* all the forms that we usually complete, the one page that we have to initial, other page with name/address, & the 1st page on the bottom police wrote *completed on behalf of and with the consent of registrant due to covid-19* all 4 forms are copies so police has the originals, 3 work days to receive.

    *GOOD LUCK TO ALL*

  6. Saddles

    @ J. You know you all talk about a teired registry. One wonders how they classify that in many of these offenses. I think I’m a level three if that classification is right but thats on man’s scales and balances. Sure I am considered by their standards a SVP. So one wonders who’s a sinner today? One would guess government have more rights than man ever dreamed of.

    First one must learn why govenment exist. The answer is right their in the bible… to serve those oppressed and believe me a lot of people are oppressed today with this offender issue going on.

    Just for a lark and I have did this myself years ago, do a search on “Facts on God and American Government” and you will find some distrubing things. Sure Pactrick Henry and some of those Founding fathers founded most of America on Christian understanding and on the Gospel of Jesus Christ.

    Believe it or not many of those people back them were under orthodox views. History is interesting if one uses it correctly. Seems we all want have our rights restored and be self govering again but when government goes a bit overboard to over ride another than than its not a good view and oppression can be a big downfall not only in men but women also.

    Yes we can all talk about gun rights or the speak up. Free speech. Yes the rights of the people seen bleak and free speech is out of balance today with this high advance society of this cell phone computer tech era. Don’t get me wrong computers are good if used wisely but setting someone up is setting someone up. Actually we did better without computers but when government abuses trust than things can get out of hand very easy.

    • j

      you know saddles, I have nooooo idea, not a single clue what you are talking about!!!! I don’t preach the tiered system, I don’t give advice. I don’t give false info/facts,,,, I’m simply stating what and giving an update for others during my registration process due to covid, and here’s a fun fact from me to you, if you are preaching the Bible, know of the Bible, read the Bible, aware of the Bible, what the helll are you thinking being level 3 for CP? to have temptation pre marriage. to lust or have inpure thoughts pre marriage is a straight out sin, i can go on and on but you my friend *got issues*

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