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Comments Requested for New Tiered Registry Form

A committee of the CA Judicial Council released today a proposed form that could help registrants prove the date on which they mailed or hand delivered copies of their petition forms to their local registration office and District Attorney. According to the committee, the proposed form is optional as it is not specifically required by the Tiered Registry Law that will become effective next year.

“The Tiered Registry Law first requires registration offices to determine a registrant’s eligibility to petition for removal from the registry within 60 days after receipt of a petition,” stated ACSOL Executive Director Janice Bellucci. “If the registration office determines a person is eligible, the District Attorney has an additional 60 days to decide whether to object to an individual’s petition.”

The public may submit comments regarding the proposed form on or before December 3, 2020.

“The proposed proof of service form is beneficial for registrants as well as attorneys who submit petition forms on behalf of registrants,” stated ACSOL President Chance Oberstein.

Registrants are reminded that Tier Assignment Letters will be available in their local registration office starting on January 1, 2021, according to the CA Department of Justice. Tier Assignment Letters will not be sent to individuals. According to the CA Department of Justice, the agency may delay up to 24 months Tier Assignment Letters for individuals convicted out-of-state, by the federal government, or by a military court.

Proof of Service form – Nov 2020

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Does anyone know yet if you have, as I do, a COR will that have been sent to the DOJ in determining Tier Level and will that speed up the removal from the list and website? I got my COR last December at that time it did not remove me from registration or the Website. I have been told that is nothing to do until Jan 2021.
Anyone have a different or better experience

Jan 1, 20201: First date tier levels will be disseminated (unless you’re conviction was out of state, then it will be delayed) at your local registration office. This is for all registrants.

July 1, 2021: First date to petition off the registry. It is a proposed 60-day time limit on the determination to de-register upon the DA receiving the receipt, could be longer if the DA opposes and you go to court.

I wished I could give you more info, but everything you’re inquiring is all being done behind the scenes. What you can do is confirm with the DoJ that your CoR information is updated within your file, which I think you’ve already done. If not, then double check. Aside from that, it’s all a waiting game, unfortunately.

Earning your CoR is a significant step, but if you’re not off the registry, then it still feels moot. I empathize with you and pray you do get off the registry as soon as possible under the new scheme.

I wish you all the best in your request But im flying a biger boat what if the resistrant has no risk level but is in trouble with the Static 99 test which is not accurate or scientifically tested

Well… It’s a published mechanism.

I’d planned a registered return receipt letter. This simply gives something to attach that proof to.

Why is the district attorney given any say? What, they’re going to re-(technically non-) convict someone after they’ve already been put through the system by puting them through the system some more, because they feel like “non-punitively” punishing them with the “privilege” of registration for a little while longer? Long enough maybe that another term goes by and they can get slide through re-election?

The ridiculousness of being on the registry is surpassed only by the ineptitude by bureaucrats in implementing the process of being removed. If their paychecks were tied to the removal of persons entitled by the very laws that states passed, every person would be sent a personal invite by the state to file as quickly as possible.

I pray that us Registrants that have Felony 243.4a Sexual Battery have a remedy to be removed from the registry. I cannot petiotion for the 1203.4 because I went to prison and I cannot petition for the COR because I live out of state. My state only has me registering because of my California Conviction of 24 years ago! Some one please respond for they have us tenativly marked as level 3. Almost every lawyer is stating to wait until January 1,2021 to see if theres a change. We are currently exempt from megans law. Wow

There won’t be any changes to the tiers before the tiered registry goes into effect. We (ACSOL) will be trying to move more people off tier 3, and provide an off ramp for everyone. If your birthday is on or after July 1st, plan on submitting your petition, otherwise you’ll have to wait until 2022 (after your birthday) before you can petition

When I finally file to end my yrs of non punishment and be welcomed back into the bosom of America, you think it would be o.k. If I signed it with 💩.

I have a few questions. 1) Does the new tier law go into affect July 1st? 2) I believe you can file a COR until June of next year? 3) Will a COR relieve a expunged misdemeanor 243.4a of registering? I filed my COR 9 months ago. I was contacted today (court date Dec 3) that the DA wasn’t prepared? In summary, they need 60 more days? My question is, will a granted COR in January 2021 still relieve me from registering and do the investigators visit your home? Thank you for your input

Seems like the COR will still have its effect until July, 2021, so your hearing delay shouldn’t be an issue.

It also looks like the COR will deregister you as only a Felony 243.4 (specifically) doesn’t work with the COR.

On the “NO” list.

C) Section 243.4, provided that the offense is a felony.

@USA

1) The new tiered law starts Jan 1, 2021.
Link: https://oag.ca.gov/sites/all/files/agweb/pdfs/csor/registrant-faqs.pdf

2) If the new law starts Jan 1, 2021, then everything abides by the new tiered law. I did ask a SO lawyer about applying for the CoR to de-register after Jan 1, 2021 and was told that option stops on Jan 1, 2021. Things might have changed between months ago and now.

3) Will a COR relieve a expunged misdemeanor 243.4a of registering? I don’t know because I look up PC 290.5(b)(1) and the codes reflect the new tiered law. Shouselaw has a breakdown I can share with you: https://www.shouselaw.com/ca/defense/post-conviction/certificate-of-rehabilitation/#2.1. You’re gonna have to talk with a lawyer well-versed with Registration laws.

4) As for your delayed court date, I have no idea. Might have to get it in writing that your CoR falls into the pre-Jan 2021 laws if you want the CoR to count to de-register you, provided you actually do qualify to de-register via the CoR. Again, I’d refer you to an actual lawyer because they’d know the law than us non-lawyers.

I know Mot and NPS earned their CoR. Maybe one of them will be kind enough to share their full experience with you. From what I recall of their situation, both just dealt with what they submitted to the court and that’s it. Hopefully, one of them or someone else who’s earned the CoR can give you more info.

If you are in Los Angeles County call the Public Defenders Office right away. They have a department that helps with COR at no charge…my contact was Mariam Springer and it took some time as the DA changed the rules. You cannot get off the Register but you can have it for next year. I got mine one year ago. The DA asked for a psychological evaluation and once I had that and the letters of recomendation it was a 3 minute court appearance but it did take two trips since the “right judge” was on on the bench the first time … not sure what is happening now but that was what I did.
Good luck and move quickly

I’m impressed New Person. I called the LA Public Defenders office yesterday. She seemed lost. She informed me that I had until June? It seems like (no offense) nobody has a clear answer. In summary, I filed in April, got a court date in December and now the DA says they need 30-60 days to prepare? The Public Defender stated that I had until June, but they where a paralegal. I just sent your link to my counsel.

You have until end of June, 2021. The code 290.5 specifically says it’ll remain in effect until this date, at which point the code language is replaced with the new tired registry.

Thanks SR. There are only select sexual offenses that you can file a COR. In summary, if you obtain a COR, you are no longer required to register per the law. I was informed via my attorney June was the deadline today.

Cool. Glad you got a more firm confirmation from your lawyer. Good luck in your hearing!

@SR

You are absolutely correct about the end of June date!

Link to SB 384 (tiered law): https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB384

See Section 11, 290.5 (c): “This section shall remain in effect only until July 1, 2021, and as of that date is repealed.”

Read Section 11, 290.5 (a)(2) to find the list of offenses that will not be relieved from the registry by earning the CoR.

This is also reiterated in Section 14, 4852.03 (a)(2)(B): “A certificate of rehabilitation issued on or after July 1, 2021, does not relieve a person of the obligation to register as a sex offender unless the person obtains relief granted under Section 290.5.”

SR, you are on point! Great job and my bad!

Mot, I’m confused. You obtained a COR, but your still on the registry? What was your charge? What a California Certificate of Rehabilitation Can Do for You

It sends the strongest official message to employers and the rest of society that you have put the past behind you and that you are now a law abiding citizen State licensing agencies take into account the certificate when considering to grant a state license.
Relieves certain offenders from registration requirements of Penal Code Section 290 (See FAQ for more details).
Creates automatic application for a pardon from the governor.
California Business & Professions Code, § 480, subd. (b) states that no license to practice a profession or vocation regulated by this code shall be denied “solely on the basis” of a felony conviction where the applicant “has obtained a certificate of rehabilitatio

my offense was 664-288(a) and it was a change in Dec 2019 that required I stay on the registry

Did (Mot) you get it reduced to a misdemeanor? Expunged? I believe certain offenses aren’t eligible for a COR or a COR won’t relieve you to register?

I got a COR since my offense was an attempt by virtue of a LEO sting so yes I did get a COR

@USA and Mot

Mot we received our CoRs within a short time of each other but had slightly different outcomes.

Per my lawyer my charge was ineligible for relief from registration, but I wanted the CoR to make a stronger case for relief when the tiered registry went into affect.

The 664-288(a) is a special case. Because it is an attempted crime it was eligible for the 1203.4 and once granted then eligible for the CoR.

The judge in San Diego was incredible there were a total of four cases for CoR, one person was a no show two cases before me received their CoR and the judge also granted relief from registration.

I was last and expected the worst. I was happily surprised that the granted my CoR and also praised me for 5-10 minutes. My status for registration was not discussed.

Upon the advise of lawyer I tried to track down transcripts for future use given how highly the judge praised my efforts. In the process the court pointed out the judge ordered me relieved of the duty to register (its a box that was checked on the CoR paperwork). Again I was in shock believing this to be impossible. In the notes it stated relief was pending approval from the CA DOJ.

A long couple of weeks later – roughly 2 months after receiving my CoR – I received a phone call from the local sheriffs office informing me that I no longer was required to register and that the DoJ had informed them to remove my information from the internet. I requested that they send me documentation for my records and received it less then a week later.

This is the first birthday I have had free from the required registration and I am still in shock. I have no clear explanation on how it worked for me. There is a vague reference that says one can be relieved from the duty to register by court order – but I have no idea if that is how it worked for me or not. The judge checked the box and the CA DoJ did not object.

I have been satisfied that the nightmare for me and my family is over (at least in California and pending other new laws).

I hope everyone one day finds relief from the duty to register.

Best of luck

Congrats interested party! Party on

Question/opinion 2. I have a great relationship with my wife/kids. This has had a dramatic impact on our relationship. I have my family’s residence in OC (tried for a COR there/bad) and I use a friends address nearby in LA County. If the person who is registering has more than one residence address at which he or she regularly resides, he or she shall register in accordance with the Act in each of the jurisdictions in which he or she regularly resides, regardless of the number of days or nights spent there.  If all of the addresses are within the same jurisdiction, the person shall provide the registering authority with all of the addresses where he or she regularly resides.
My only concern is what should I say if this is asked? Why do I live in LB snd family in OC? Filed COR in LA? Lastly, how deep do you think they dig?

Thank you. My new court date is mid February. It’s been 24 years and it’s a PC 243.4a that was reduced to a misdemeanor and later expunged. County/Summary probation. I’ve read the LA courts are a mess and I’m remaining very positive; but nervous. I can’t find any reasons why they might reject my request. 1. The new DA is very liberal 2. I should be a tier 1? 10 years? 3. No arrests/traffic tickets or what not. I wish for the best . Happy Holidays

Good luck, USA!

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