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California

CA: District Attorney to push 85% of cases to next year [potential petition delays]

[thesungazette.com – 11/18/20]

VISALIA – Prosecutors are hard to come by in Tulare County nowadays, and the work is beginning to pile up.

Coming down the pike are petitions asking to change an offenders sex registration status. For decades those convicted of sex crimes with a minor were forced to register as a sex offender for life. Beginning Jan. 1, 2021 convicted adults will be handed a tier of 10 years, 20 years or life on the sex registration list. And which tier a person falls into will be determined by a judge. Juveniles convicted of a sex crime will be handed a tier of five or 10 years. On or after July 1, 2021, tier one and tier two registrants who meet mandatory minimum requirements may petition the superior court or juvenile court in their county of residence for termination of their California sex offender registration requirement.

“They gave us no funding or prosecutor to [handle petitions],” Ward said. “How can I pull someone who has been here for a year and say, ‘hey can you look at these 290 petitions and tell me who is eligible for release or not.’

Read more about the potential delays in processing petitions in Tulare County

 

 

 

Join the discussion

  1. Abused

    Why is this Nation allowed to UNJUSTLY plow with snail like temperiment, speed and proclamation through COURTS with the headstrong Idea the CRIMINALS MUST PAY, yet the JOKE OF A UNJUST, BROKEN, ABUSIVE SYSTEM is blatantly Violating Defendants rights to a Fair, just speedy trial,,,how is it that the rights of accused are set aside until Hell freezes over at whatever the excessive, burdensome, abusive measures at the accused expense !!!
    Over Punishment, no matter in what Form, Fashion, means played out is SIMPLY CRIMINAL ACTS !!!…
    The Scales of Justice are not broken they are literally …BASHED, FALSIFIED, TRAMPLED ON AND ABUSED IN ANY WAY POSSIBLE TO GET CONVICTIONS ,,,,Gooood God People, WE FIND MUNNIES in this Stink Hole of a so called Free Land to down size the breasts of barbie dolls and give UnGodly pay for positions of authority to watch Bribes and Corruption that make 3rd world countries Dictators appear as Righteous rulers in comparison to this sick, perverted Nation…
    On another note: from Compassionate release to Gov, Presidential Pardons being almost unheard of and shiesty tactics to stop or hi der ALLLL avenues of recourse is Criminal, Continually making up Bogus, Anti Constitutional, Civil Laws as we go along in life is beyond ABSURD IN A DEMOCRATIC SYSTEM OF LAW, BECAUSE THE DEFENDANT COULD NEVER FAIRLY GET JUSTICE BEING DELIBERATLEY PLACED BEHIND THE CURVE OF DOUBT, PROOF AND Fair Level of Criminal ACTS …
    So let it be said, and let it be Confirmed …here, here !

  2. Shedding tears...not.

    “They gave us no funding or prosecutor to [handle petitions],” Ward said. “How can I pull someone who has been here for a year and say, ‘hey can you look at these 290 petitions and tell me who is eligible for release or not.’”

    All I have to say about this is: you reap what you sow, more than you sow, later than you sow. All those years–decades!–of harsh and BS sentences and “non-punitive regulatory schemes” are coming home to roost.

    • Dustin

      By law, “eligibility” is determined by statute and granted by the court if shown the requirements are met. It’s not for the prosecutor to decide; they can only choose whether or not to oppose. But in practice, just as in criminal court proceedings, judges simply scratch their name on whatever the DA puts in front of them without reading anything past their own signature blocks. Another indication that the courts are mere rubbers stamps and DAs have too much authority.

      • Anonymous

        @Dustin = That was incredibly insightful, on the money & we’ll said. Everyone should keep this in the forefront of their mind always.

  3. SR

    Whyd the article start off with misinformation that a judge has anything to do with which tier a person is placed? Yeah, they convict the person, but its largely the DA who charges people with particular penal codes which themselves automatically assign you to a tier.

  4. Mike G

    How many years did they have to plan for this (while we patiently wait)?

    SOLVE the problem! SAVE tons of money! Make it AUTOMATIC as it is everywhere else!

    When your 10 or 20 years have passed, you just drop off the registry!

    Simple!

    • TS

      @Mike G

      That is too logical for this nation and those in charge politically, sadly.

    • Dustin @ Mike G

      Even simpler – abolish the registry. This and numerous other problems solved.

  5. LPH

    ““We have a dickens of a time competing and [getting prosecutors] to come here for a job in the Valley,” he said.” Waaaaaaahhhhh.

  6. AERO1

    I cant wate till July 1st 2021 I wanna see 175.000 California sex offenders fluid the courts with petitions this is gonna make the DA’s heads spin and overwhelm the public defender office with petition hearings .
    IML is so overrated outdated and useless no responsible parent relies on IML to keep there kids safe and honestly 8 out of 10 people really dont care they got their own problems to deal with.
    The money this is gonna cost the state is insane It wont belong before teir1 and teir2 offenders are automatically removed from registery after 10/20 years i don’t see the DA’s office spending time and money on fighting old case they allready won 10/ 20/ 30 yesrs ago.

    Good luck

  7. USA

    I filed my COR in LA back in April. I didn’t get a court date until early Dec! As such, I can’t have any delays, because I have until Dec 31st to get it granted! Thus far, I’ve not been contacted by an investigator and none of those whom I used as references have been contacted? Is this normal? I’m very positive (24 years), but just curious. Best wishes to everyone

  8. The Static-99R Is A Scam

    “How can I pull someone who has been here for a year and say, ‘hey can you look at these 290 petitions and tell me who is eligible for release or not.’”

    —————

    Bro, if a person who went to law school can’t figure out who is “eligible” for release from registration, then maybe the District Attorney needs to be more selective of who they hire from law school.

    Or maybe this is testament to the vague and convoluted nature of the tiered registration law — when even law graduates fail to interpret it.

  9. HopingforHope

    Not sure what news item to post this under, but it appears SB 118 modifies the Tiered Registry Law to essentially eliminate the possibiity of petitioning unless you were under 21 at the time of your offense.
    Here’s the portion of the bill that makes the change:

    (b) (1) A person required to register as a tier two offender, pursuant to paragraph (2) of subdivision (d) of Section 290, may petition the superior court for termination from the registry after 10 years from release from custody on the registerable offense if all of the following apply: (A) the registerable offense involved no more than one victim 14 to 17 years of age, inclusive; (B) the offender was under 21 years of age at the time of the offense; (C) the registerable offense is not specified in subdivision (c) of Section 667.5, except subdivision (a) of Section 288; and (D) the registerable offense is not specified in Section 236.1.

    Essentially, this probably throws 90% of the 288(a)’s under the bus. Interesting how they snuck this through under the radar.

    Knew the Tiered Registry Law was too good to be true.

    • JohnDoeUtah

      I read it differently. They are stating that this bill if passed, would allow Tier 2 to petition for removal after 10 years, instead of waiting 20-25 years – if they meet all the conditions (one of those is being under 21 when the offense occurred).

      Personally, I do not like these types of bills because they discriminate based on age. They still carry the tint of retribution and punishment because being 21 somehow makes you the devil, but if you were 20 its not so bad. Early release bills should be based on current dangerousness only.

    • New Person

      Wow…

      It’s as if the law makers want to make sure tier 2’s stay tier 2. Many infractions with a minor and within 10 years of age usually can be categorizes in upcoming tier 1 (via 17B, provided the infraction is a wobbler) or be considered non-registerable by design or by discretion.

      huh… actually, if a person over 21 cannot get their felony reduction, then this amendment actually puts more people in tier 2. In fact, they’re tier 2 until the individual can get a 17B reduction to get kicked down into tier 1. Wait… does this new law supersede a 17B reduction? (Remember when 1203.4 used to get you off the registry until PC 290.007 came about and nullified it?)

      I hope Janice, Chance, or someone from the ACSOL looks at this and finds the new changes really is counterintuitive on helping people off the registry… especially if this new law negates 17B reduction to be able to move down into tier 1!

    • Dustin

      Tiering was never going to solve anyone’s problems or make anyone’s life any easier, nor was it ever meant to. By design, all it does is give the appearance of throwing a bone to registrants and their advocates while maintaining the status quo.

    • SR @ Hopingforhope

      How’d you come to the conclusion of being stuck on Tier 2 unless you’re under 21 at the time of the offense? This allows many who were under 21 at the time of the offense who’ve been placed into Tier 2 to petition for relief after 10 years instead of waiting the required 20 years per the tier designation rules. This doesn’t affect anyone else in any way.

      • HopingforHope

        Appreciate the clarification. Must have read it wrong.
        Breathing a big sigh of relief….

    • Anon

      I have a 288(a), one victim under 14, when I was 19 years old. So it looks like it wouldn’t apply to me.

      However, the way it’s written, seems very confusing. Under (A), it says the victim is 14 – 17 years old. However, under C, it says the offense can’t be a violent crime under section 667.5, only exception being if it’s a 288(a). But the victims for 288(a) can only be under 14, so why does it specifically mention this? Why would one of the requirements be that you can have a 288(a), yet one of the other requirements need to have the victim 14 – 17 years old?

  10. USA

    Question: I filed my COR in LA! December is the last month this can happen/upcoming law changes. It took 9 months to get a court date. I’m like 7 days (4 working) away from my court date. Not one of my references have been contacted? No visits? No phone calls? 24 year old PC 243.4a misdemeanor expunged with summary probation? Any thoughts? Past experiences? I’m going to downtown LA?

    • SR

      None of that is required and only done so at the discretion of the DA. I’m guessing because you have a misdemeanor, they don’t see the need to waste all that time as you’ll be able to get off the registry via the new tiered system anyway. I think you’ll get it. Not much you can do about it at this point anyway. If this fails for whatever reason, just file next fall to get off the registry then.

    • New Person

      @USA,

      Good luck on your CoR court date. Let us know how it went. It’s always nice hearing registrants de-register. I know NPS and another recently earned their CoR.

  11. wb

    so my conviction 288a lewd in lascivious riv co 1988 ,me 18 victim 13 1/2 puts me were ..in this tiered registry stuff ,,,,,my birthday is in may aslo so when if i can should i apply ?? thanx fo clarification..

    • Interested Party

      @wb

      I am not lawyer, so this is just my opinion. The information you provided is a little bit confusing. Based on your description your crime I think should be a 288(a) not a 288a. 288(a) is the lewd and lascivious code, while 288a is oral copulation.

      So assuming it’s a 288(a) then you would be a tier 2 assuming there is nothing else in your record that would affect it.

      Tier 2 is a minimum 20 yrs – you said your conviction was 1988 – so you can apply as soon as you are eligible. I believe that the legislature passed a new law saying if your birthday is before July 1 you have to wait to apply until 2022.

      All that said, if you plan on applying I highly recommend waiting to see what help ACSOL provides. It has been mentioned that the goal is provide direction so one can file on their own. That said until it’s up and running it’s worth trying to get what information you need. If you have the means speak with a good lawyer and/or the public defenders office when it comes time to file.

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