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

 

 

 

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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 !

“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.

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.

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!

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

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

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

“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.

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.

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?

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..