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California

California Tiered Registry Law Now Effective [UPDATED 1/5/21]

[ACSOL]

The Tiered Registry Law (formerly Senate Bill 384), passed by the California state legislature four years ago,  is now effective.  Some of its provisions, however, will not begin until July 1, 2021.  The most important of those provisions is the petitioning process for removal from the registry.

“The first step to take in the petitioning process is to go to the law enforcement office where you register and ask for your Tier Assignment letter,” stated ACSOL Executive Director Janice Bellucci.  “According to the CA Department of Justice, tier assignment letters will not be sent to registrants, however, they will be available to law enforcement only on a government database.”

Because eligibility for the petitioning process is based upon the tier to which an individual is assigned, an individual’s Tier Assignment letter is critical.  Each letter should state whether an individual convicted as an adult has been assigned to Tier 1, which requires a minimum of 10 years of registration, Tier 2, which requires a minimum of 20 years or registration or Tier 3, which requires lifetime registration.  Tier assignments can be challenged.

“If a registrant requests a Tier Assignment letter and that request is denied, the registrant can and should contact ACSOL for assistance,” stated Bellucci.  “Assistance will be available by phone at (818) 305-5984 or by email at service@all4consolaws.org (***updated e-mail address – Jan 13***).”

Below this article are links to documents that answer basic questions regarding the Tiered Registry Law, in general, and the petitioning process, in particular.  Please note that individuals must wait until the month of their birthday after July 1, 2021, to petition for removal from the registry.  As a result, individuals whose birthdays are in January, February, March, April, May and June cannot submit a petition until the month of their birthday in 2022.  If they do so, their petitions will be rejected.

“Most registrants will be able to complete their own petition forms,” stated ACSOL President Chance Oberstein.  “Soon after the final government petition forms are available, ACSOL will conduct training regarding how to complete a petition form.  Individuals who have suffered one or more convictions in addition to a conviction for a sex offense may require legal assistance.”

In a newly issued document, the California Department of Justice (CA DOJ) has announced several clarifications regarding the Tiered Registry Law: (1) tier assignments will not be posted on the Megan’s Law website, (2) a risk score such as a STATIC-99R score is not necessary in order to petition for removal from the registry and (3) individuals may petition for removal even if they do not yet have a tier assignment letter.  In addition, the CA DOJ has divided Tier 3 into two subcategories.  Individuals assigned to one of the subcategories, based upon risk score only, may petition for removal after a minimum of 20 years while individuals assigned to the other subcategory are required to continue lifetime registration.  Below is a link to the newly issued document.  Additional documents, including the final form required to petition for removal from the registry, will be linked to this article in the future.

Fact Sheet – July 2020

CA DOJ – FAQs – Jan. 2021 [UPDATED 1/5/21]

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Hi Janice,
You stated a few years ago that ACSOL would lobby for some changes to the Tiered Registry including lobbying against the loss of ML exclusion for 646.7a. Is that still being planned in addition to the other lobbying efforts?
Thank you sincerely,
JC

Janice my tier 1 conviction was in san Diego 2008 i now live in Santa Barbara can i petition the court here or do i have to petition the court in san diego

What if i stayed in california for 5 years and then decided to move to Colorado and 5 years have passed and I’m on tier 1. Can I come back and petition to be removed from the registry?

The Tiered Registry Law will only help registrants who currently live in California. It will not help registrants convicted in California, but who have moved out of state. The reason is that California removes registrants from its registry when they leave the state. This is different than some states, such as Florida and New York, that keep people on their registry for life.

Called long beach police department Tuesday and asked for my tier assignment letter and was told by the 290 registration offers Because of covid-19 things are gonna take longer check back in after February … 2021 the califorina tier registry is Finley here shiit took long enough. In 5 months will see what the District Attorney and the court judges are gonna do hopefully people who qualify will go free and hopefully people who have been moved to tier3 find a way off the registry in time Im remember back when I was 18 sitting in my room thinking Daam… Read more »

Me too @ Aero1. O didn’t commit suicide and We Survived! Fruition.

Having 290 gestapo officers making the choice of what is tier one verses tier three is like having Joseph Mangala chose to whom he wanted to with.

Curious. I plead to a PC 243.4a in 1996. Reduced to a misdemeanor pursuant to 17B misdemeanor and later expunged! Summary Ptobation. What (I believe I know) tier would I be? I have a COR court date in LA late February. Would you recommend getting a letter from the department where I register? I’m just trying to cover everything. Let me know your thoughts. No arrests prior/after.

At least you’ve got a date, I’ve been waiting over 7 months for a court date and still no end in sight.

@USA Did you go through the public defender’s office to get your hearing date? I just got off the phone with them and was told they’re not able to get anyone hearing dates yet. It’s got me wondering if they’re just giving me the run around since you said you have a date for next month.

I also lived in California and then moved out to Nevada for work. Here I am actually treated worse than in California, even though the age of consent is 16 not 18, and therefore what I did in California would not even be chargeable here in Nevada. Even though I can’t petition for anything until December anyway, it would stand to reason that I should go back to the jurisdiction where I was charged and convicted?

@Fed up: or if you can, make your way up to Oregon like I did, at least while changes in the laws in CA (and NV, for that matter) are hashed out. I hate the weather up here, but at least the registry is reasonable; levels 1 and 2 aren’t publicized, they don’t ask for online identifiers, and your DL is good for 8 years like anyone else’s license.

I’m in Nevada for work.

Got to get a new license EVERY year.

Register twice a year.

It was more lenient in California, which is baffling

I’m in Oregon also, convicted in California, placed at low risk. My crime is classed for removal after 10 years in Oregon. First time I registered here they said if California requires me to register, I have to register here. If California removes people from Registry when they move out of state, does that mean I just petition Oregon at my 10 year mark? Wondering how that will work?

Don’t confuse “removed from registry” with “removed from obligation to register.” If it worked like you’re thinking, you could just “launder” yourself through a state with better RC laws and then move back to CA. CA *does* require you to register; it just mandate you keep current nor does it keep your info posted.

My personal take on this “greater of the two” rule regarding duration of registration is that it’s unconstitutional. The recent IN case from the 7th CCoA Opinion points that direction, IMHO.

Extremely happy for everyone who can finally petition off this list!

I’m on tier 3, but all this changed in 10 years. Who knows what will come in the next ten? People with 1203.4 off the list? Limited to probation/parole? Gone completely? I look forward to it!

So if we’re not listed anymore on the public website or not showing an address our tier has changed to 1 or 2. If we’re showing every thing we’re tier 3. How soon can we expect to see a change? Dumb question, I know.

@Wonderlin…Its NOT dumb, ACSOL will work on it and efforts to change legislation with just that Tier 3 maybe cp will be 3 and 3 will go to 4 and 5 will be created for SVP’s and child murderers with sexual intent. Garrido 6. Etc. Not all on 3 levels with everything else.on Tier 3.
Will take time, but time and hard work will tell.

I envision the goal posts being moved back every time you need something. Guaranteed!!!! Come back in February…No not yet. Next month. Oh sorry things are still moving slow. Should be in by May…. okay hurdle crossed, then the next hurdle is delay after delay after delay and on and on.

I’ll keep a strong and positive head and voice that no matter what stands in our way, we find a way to pull through and fight this. Tiered reg is not perfect but it’s IS a positive thing. Not for everybody YET but eventually it will be. Everyone who can, please Try to get removed. Look for and Ask for help.

It is positive in some ways. The less people who are listed on the Hit Lists, the safer all of America will be. It will also waste less resources, improve society overall, and make better citizens. But what it will also do is doom the 20% or 40% or whatever # of people that all of us good people decide are the “worst of the worst”. They’ll be on the Hit Lists for decades at least and all of us good people will say, “good, they deserve it”. We’ll be able to ignore the Hit List issue completely, just like… Read more »

@Will Allen,

Then why am I considering suing the DOJ leech sites if my petition is approved?

@Ditto (https://all4consolaws.org/2021/01/california-tiered-registry-law-now-effective/comment-page-1/#comment-263393): I must not have been clear with what I said because I’m not sure *exactly* how your comment is relative to what I meant. I think you are addressing the part where I said that most PFRs will just forget about the Hit Lists if they are removed from them. I didn’t mean that most PFRs that become former PFRs won’t retaliate. I meant that nearly all former PFRs will do nothing to fight against the future existence of the Hit Lists and the criminal regimes. Heck, most PFRs don’t fight now. I can’t imagine they’ll fight after… Read more »

Funny how LE rushes to arrest or “sting” people. But when it’s your turn, it’s all “need more time”…. “unexpected delays”….. “check back next month”.🙄

this is what I saw/see on the fact sheet (download link) **petition denied after hearing, court to set date between 1 and 5 years in the future after which new petition may be filed** so if a individual is denied, he/she will still need to wait for a new court date if denied?? so the individual would still need to continue to register?? even though the individual received a tier 1 or 2 with no pending anything. and by *mistake* ((hypothetical now)) and was denied,,, the courts/the system is not all that great

The denial and extension of the registry term is very peculiar because you’re revisiting the same case to increase the penalty (registration penalty). How is that not akin to double jeopardy?

Not gonna lie, I’m pretty frightened by this new and “improved” sex offender registry.

@ Steven and others – It is reasonable to be frightened by the Tiered Registry Law that took effect just yesterday. After all, the law represents change and change can be frightening. However, change can also bring positive results. I expect that many people will successfully petition for removal from the registry this year. And yes, there will be others who are not successful. That’s where lawyers can help….lawyers who are familiar with the Tiered Registry Law and working with registrants.

@janice can you explain what “community area” means for tier 2. The address being omitted seems good but what does this part of community area mean? Thank you. And hopefully these changes help others. Bless you.

@Denise – Our understanding of the term “community area” is the city or county in which the individual resides.

Janice: It sounds as if things are starting to get hopeful in California. I am personally opposed to these various registration schemes but if they are now starting mechanisms for removal, I am all for it. According to FAC, Florida has a removal process and some are actually being removed. As you know, thanks to the Does litigation in Michigan, thousands will be removed from Michigan’s registry after Does II becomes final. I am sure our forefathers are rolling in their graves over this assault on personal liberties. People have forgotten about the fight to gain these liberties and we… Read more »

@Janice – My husband is a registrant for attempted 288(a) and 288.2(b). He has had his record “expunged ” I just went on the Megan’s law website and noticed some only have City and State listed but all of his information is listed and the second charge which has been fully expunged is now posted although it was removed previously. I was under the impression his charges fell under tier 2 – city and zip posted only – am I wrong? If not, how can we get this fixed?

The actual changes to the public site from the new Tiered Registry are not supposed to go into effect until Jan 1, 2022. So whatever you’re seeing now about your husband was already there pre-Tiered Registry and has not been changed.
So next year his information should be changed to reflect his Tier.

Thank you for the info. I did notice other people listed without an address which has never been the case before as well as my husband’s second charge which did not warrant registration and had previously been removed showing up again so I thought updates had been made. Out best bet may be to contact the attorney General.

Guys we are all looking for change. One has to look at this teir level in a different light. It is man made and they are the one’s that decide the teir levels. Best thing to do is wait or go listen to Grand Funk Inside looking outside. I’ve got a letter from the Governor that I received that ask for a pardon if not for myself for others. Some of you all are drowning yourself out. Sounds like someone doesn’t want to “stand up” and is suffocating or are we all just worried and troubled which is not productive.… Read more »

Out of curiosity has anyone had any success in federal court getting rid of their requirement to register under federal law? Federally I am required to register for a minimum of fifteen years and having been registering for seven so far. The way it is written in the federal statue is to register for a minimum of fifteen years unless reduced for a clean record. I am wondering if someone has gone to court and was able to reduce their minimum registration requirements federally. Since I had a federal case I know the only way I could possibly stop having… Read more »

Hi, I am also curious about this question, if you get an answer please post it!

First, thier take on it is that SORNA is a floor not a ceiling; thus, CA could make you a lifetime registrants and the feds could care less.

So your fight would be with CA. Remember the state and fed requirements are independent of each other.

@ab, mine is Federal also. Sure makes things harder to understand. Your always having to ask how it applied to you because your living two sets of rules and the rules from the Federal P.O. and the local P.D. always seem to differ. How anyone keeps from getting in trouble is beyond me. I have lifetime supervision (federal). I live in Orange County, CA. Last year I tried to get the lifetime dropped. I had a new P.O. and he wasn’t happy I didn’t “talk to him first” before getting an attorney and filing. They made a big deal out… Read more »

So…. whats your po’s name. And I havent ever her of the actual poly being used against people. Most its the admissions that come with it that sink people. Just stay chill, and keep you story straight. Its not a lie dector as much as it is a tell on yourswlf motivator.

You should understand that everything you do or say to these therapists or probation officers is just fodder to be used against you at some point later. Do you trust cops? Well these people are just further extensions of the same concept, the grunts of the persecutors. It doesn’t matter how “normal” your childhood or young adult life was or how well you’ve “progressed” while on probation, they are out to criminalize whatever details they find about you. Including something so stupid as finding a family member’s insulin needle and claiming you’re a drug addict. Successful completion of probation or… Read more »

Frankly, I think the tiered registry is a step backward. It’s a measure designed to break the sex offenders up, and judge each other. It inspires a mentality of “I got mine, forget it if he doesn’t get his.” It thus weakens us.

Wouldn’t doubt it, unfortunately.

I agree with you, Jack. Tiers may have given the registry in California – slowly self-destructing in legitimacy before its passage, a new lease on life, at least within the popular imagination. It’s just inevitable, in my humble opinion, that it will divide us. Whether it conquers us, and those in the “lifer” category, is, as yet, an open question. Still, we have to deal with reality as we find it, not with how it might have been. So we have to attack the legitimacy of the registry as a whole – any registry – head-on. To mangle (and repurpose)… Read more »

I agree as well. But I will admit that the ultimate, overall, big-picture effects are very complicated and that I have spent little time really working on analyzing that. I haven’t tried to think deeply, deeply about it. Maybe that should be a sign to keep my mouth shut? Nah, never stops anyone else living in America! 🙂 Regardless, I deeply respect ACSOL and them doing work they don’t have to do at all. Why would anyone put themselves out and on the line like they have? There are a lot easier careers/lives. One problem with the “tiers” is that… Read more »

@Jack and others – The Tiered Registry Law is not a step backward. Look at it from the perspective of the 70 percent of individuals currently on the registry who will be eligible to petition for removal this year or in the future. As has been stated by ACSOL many times before and bears repeating, ACSOL will continue to lobby the state legislature to improve the Tiered Registry Law until the registry no longer exists. Please remember that there are many people, including myself, who will not benefit from the Tiered Registry Law in any form. Yet we are dedicated… Read more »

Thank you Janice for all you have accomplished. What a giant step to having a law passed that can get so very many off of the registry when, in the past, LIFETIME was the only path for even the innocent plea bargaining and minor offenders. A job well done. Hopefully, the future will even bring greater reform. One Question, though, for those of us who are lifetime registrants in another state because of our California status. Kudos from Nebraskans Unafraid.

It won’t divide ACSOL. In fact, the tiered registry is a win for ACSOL because it signifies it has the capacity to make changes. Granted, ACSOL is still fighting an uphill battle despite making changes, but they’re still fighting. IMO, eventually ACSOL may end up using the “right to privacy” CA constitution law to prove lifetime loss of privacy is unconstitutional. At this moment, it appears that’s a step too far to connect. I think that’s a much faster way for a resolution than proving the registry is punishment in CA. *** CA Constitution art I § 1 SECTION 1.… Read more »

my b-day is the 31 of July, ill have 18 years on registry this year, no prior anything since, February im going to call and request my tier assignment, I should be a tier 2, soooo, lets see what local police tell me, anxious but yet, don’t keep hopes up due to things be so slow.

j,

Me too! 31, July! We need to make a lunch date and celebrate!

I was convicted in a tier state and after my sentence I moved to Florida. My parents moved there and at the time I had no idea what the registry was all about. I moved back north to a tired state and I thought they’d put me in tier 3 ; which they didn’t.

Personally I think the whole system is going to crash under it’s own house of cards. One might be good at shining shoes; yet you can’t make the registry shine because of the lies attached to it. Only thing I’m for is abolishing this damn thing!!

I know this has been asked before, but I don’t recall seeing an answer. Does anybody know for sure when the time period for being able to petition for removal starts? For a Tier 1, does the 10 year wait period start when leaving jail, or if probation after jail was given, is it once probation is finished?

If you were granted probation, it starts from the date of your sentencing. They dobt count jail time for probation sentencing.

An added note, after sentencing I was sent to county jail. Once I was out, then I went through the probation process. I did some reading and saw that if you were sent to county jail, then your charge is a misdemeanor. At that time, I didn’t know much about the law or what I signed up for at that sentencing b/c it was just a whirlwind. It took a different lawyer to explain to me that going to county jail was part of my probation. Say what???! In short, if you were given probation, then it starts at sentencing.… Read more »

Does this mean if you got sentenced to a year in county, you start counting from before you went to county? Do you have a source for this?

@AUS, My going to county jail was part of my probationary term. Technically, I’m not under custody because going to county was part of my probation. I discovered this because I thought since I was sent to county, then my charge automatically is classified as a misdemeanor. A lawyer combed through my sentencing and reported to me that going to county jail was just a part of my probation and that I retained my felony charge. That is very sneaky condition and seems very odd to put anyone in jail if they’re going to give probation. So you get the… Read more »

Even if you’re charged with a felony, being given probation with or without an actual county jail sentence allows you to eventually get it reduced to a misdemeanor. Hence why being given probation means you technically have a misdemeanor. The felony portion is there in case you mess up while on probation, in which case they can make that stick.

@SR I am not sure your statement is correct about it being a misdemeanor as long as you got probation. I was covicted of felony CP, I did 2.5 yrs in prison and released on PRCS (a form of probation not parole). I was told by my PO and several lawyers and according to MY reading of 1204.3 and the 17b that I cannot get it reduced or expunged and that it is a FELONY. The new law moves me from zip code only to full address and telephone disclosure and precludes me from ever petitioning off. My risk score… Read more »

From reading what PRCS is, it seems like a lesser version of parole rather than true probation. In vast majority of cases, probation is granted to non-prison sentences,. To get 1203.4 dismissal you must have been granted probation specifically (not PRCS) and must not be one of several listed ineligible crimes, with 311.11 being one of them (though if your conviction was prior to them placing your code into this “no” list, you should be grandfathered in). As for the 17b reduction, that one is specific about not having served time in prison, as well as the crime itself not… Read more »

SR, am I understanding you correctly? Just bc I was sentenced to county jail and got felony probation that I can petition for the conviction to be reduce and/or expunged? Even if it was 288(a)? I can do this under 1203.4? If I do this does it give me the right to possess a firearm back?

1203.4 does NOT restore gun rights. But if you can get your felony reduced to a misdemeanor via 17b, that does in most cases (some misdemeanors like domestic abuse and a few others still remove gun rights). I think your 288(a) may qualify for a 1203.4 but I’m not entirely sure. You should speak to a lawyer (you may be able to ask a public defender at the courthouse). But the biggest thing is that you were granted regular probation that may or may not have included up to a year in county jail. If you were sent to prison,… Read more »

Sr, thank you. You have been very helpful!!

@SR If you examine the link to the description of the 1203.4 law you will see that gun rights are not restored. Additionally, all of 288 is listed as exempt from qualifying which includes (a) (b) etc. However there is an exception. The CA appeals court ruled that attempted crimes are not the same as the actual crime. Since 1203.4 does not specifically list attempted crimes as being excluded from the benefits of 1203.4 there is a narrow window for people with an attempted crime who were sentenced to probation to qualify for 1203.4. Sorry for the long explanation, but… Read more »

The time starts when you are released from custody. Meaning completion of your prison term or county jail term. There are several recent recordings you can listen to and Janice will clearly inform you of this. Good luck!
JAB

Just to be clear, if there was a jail sentence,. then release of custody means after the jail time or at time of sentencing?

It means time in the community – not time in custody.

First off thank you Janice and acsol. You guys truly are angels to us bearing a scarlet letter! Secondly I don’t blame anyone for being happy with or unhappy with the tierd system depending on where you fall and ultimately nobody truly knows where they fall until it is shown to us with law enforcement. If I’m a tier two and I get off I will be happy and so should everyone else. If I’m tier 3 I will be unhappy because this scarlet letter is my world like all of you guys. It dictates to me where I can… Read more »

@Janice, sorry I disagree. I don’t think anybody will actually get off of it either. Judges around the country have proven themselves to be resistant to such attempts by petitioners. If anything, you’ve actually saved the registry by making it more likely to pass constitutional muster in the future.

@Jack – It appears that you are not a Glass half full kind of guy. While I believe there’s going to be people that get rejected who are eligible, a lot of that will probably have to do with the county in which they reside. All in all this is a huge step forward from the previous model that we’ve had to endure. I’m looking forward to July and the feedback that we get from those who are first able to attempt to be removed.

@ Jack, ok that makes no sense. Up until now all of us were on the registry for life. There was no chance for anyone to get off except maybe under the most extreme and special closed door situation. Now we are broken up into various groups, many have the option to petition and go to court for that petition, as well, the smaller groups or tiers are now easier to target with law suits against written just for a specific situation. Take CP for example, even the feds say CP cases should be on tier 1 and 2, not… Read more »

Jack, the registries have already survived constitutional muster, so your argument is fallacious. In the few cases where registries have been deemed unconstitutional, it was because of ex post facto issues. California has had a registry since 1947, thus, there are no ex post facto issues with California’s registry.

Past who’s constitutional muster ? funny at how there is no damage control involved , how many times since 1947 has it been contested in Cali ? how many times do they get to change the registry? and to what extent dose it have to be before its unconstitutional ? No one thinks that if you have been on the registry since it was to LE only, to what it is now offing only 1’s and 2’s a time they can get off , yet 3’s are just burned as they increase the heat , all of a sudden no… Read more »

I’m right there with you. I don’t live in CA so I’ve got no involvement in their new law. But I’ve said many times that I think tiers are a bad idea. I am very happy that a lot of people will get off of the Hit Lists. I’m happy for their families. However, there is absolutely no reason to pretend that tiers makes sense or that the Hit Lists are legitimate. The Hit Lists are idiotic social policy. It is nothing but a truly dumb fantasy that anyone dreams that the Hit Lists have a positive public safety effect.… Read more »

@Will Allen , I respect you’r loathing of the RS/T’s and you’r idea’s on how to deal with the whole issue at hand , we are looking into moving out of the state of CA not really a big loss really we own no home or anything like that , its just the view between a few min to an hour away in any direction , and this state has been my home forever . This is no longer the state I once loved , people are nosy and could careless about your privacy , and if some RC’s knew… Read more »

The mandatory minimum registration period starts when your probation starts or after your release from jail or prison. The new tier law will change alot of peoples lives for the better far as some people being left behind I’m not quite sure how I feel about that I guess the real question is why have you been left behind I don’t know what efford people labeled tier3 has done or not done to help ACSOL and their cause but I know a year or 2 ago back when Janice Bellucci was lobbying and at the state Capitol and protesting in… Read more »

Aero1, I wish there was a like button. You are spot on!

@ EricOk I suppose I’d feel better about it if we were in a state more like Vermont, or Hawaii. But we’re not. I happen to know most of the judges in this state have prosecutorial backgrounds, and they tend to be highly conservative in their political ideology. It doesn’t bode well for us. And in this country, your political opponents never give if you start from a position of compromise. Incrementalism doesn’t work here.

Conservative means constitutional, don’t forget. It’s the democraps and their “progressive agenda” that kept changing things especially in California. There they can keep making “lateral progress”, throwing registrants a bone for every 10 new laws they pass and it’s a model followed by other states.

Never fully admitting that the whole system is a sham and needs to be done away with. What does a Megan’s law website contain that wasn’t already reported when the “offender” had their name and face plastered in the news and on social media?

Conservative = self-righteous criminal.

What is this, a trashy political web site?

Also, can you really not see the difference between a Megan’s Flaw web site and the initial/follow-up reporting of a criminal case? Really? Most cases aren’t even reported in the media. The Hit Lists are idiotic nonsense but let’s not be dumb about them. Let’s not be like the scumbag, lying Registry Supporters/Terrorists. Let’s at least acknowledge that the Hit Lists do make “common sense”, even if we know they are ultimately useless.

Regarding your criticism of the ACLU’s approach, if they had a democratic legislature, which we have in California a ruling like judge Cleland’s would’ve been made permanent. Additionally because of the ACLU and judge Cleland nobody in Michigan is currently registering because of the covid pandemic. Here, we are in spite of it. So I believe their approach has yielded better results.

@Jack – Although the results in Michigan temporarily benefited registrants, that is about to change with the new registry law passed by the legislature and signed by the Governor.

Good point.Janice

I have 2 very important questions. Please read this. How will (ie: PC 243.4 a) a 17B affect tier status? Furthermore, how or will PC 1203.4 affect tier status? Something to think about.

I live in a small town of 8000 people. I made this letter to give to our local PD tomorrow. I wanted to give them some information in case they were not aware of SB 384. REQUEST FOR TIER ASSIGNMENT LETTER SB 384 was signed into law in October, 2017. This law creates a tiered sex offender registration scheme. The date set to go into effect is 1/1/2021. Registrants may request their local registering agencies to provide them with their tier notification letters on or after January 1, 2021. I am requesting this letter at this time. The letters are… Read more »

@ Steve: You’re too nice. (You should offer to do your own compliance checks for them! “Yes, officer, I verified that I live at the exact same address where I reside. I can also confirm that wherever I go, there I am!*)

*With appreciation to comedian Steven Wright.

Lets say you petition for removal and able to get off, if you plan on doing international travel in whatever country in spite of the IML, do you no longer have to do the 21 day notification process when you’re off the registry? and will the feds still send out a notice about you to your international destination which could result in denial of entry?

David
I am not too nice. I have been dealing with this for thirty four years and have seen the inefficiency and ignorance of LE and government.
I don’t see attempting to inform LE as nice but a way to get what I want
(Tier assignment letter). Don’t be a part of the snarky culture.

Re REQUEST FOR TIER ASSIGNMENT LETTER

Dear Steve D

Thanks for your example letter. I was wondering how I was going to handle my upcoming Registration and this concisely sets out what my approach should be…just wander in and ask during registration, or, give some kind of pre-notice as your letter would provide.

Regardless, it is an excellent piece of writing and a basic resource for all of us.

Thanks, James, I

@ Janice, there were two orders from Cleland. The first one is regarding the ex post facto provisions, which Gretchen Whiter and the legislature just nullified. The second one states that until the state of emergency regarding the covid pandemic is over, no registrant of any class has to register.

Jack… Why do you say that the X post Facteau was nullified because the governor signed the bill?

umm this is interesting .. it also prove that Megan’s law don’t work.. Maybe we can use that in court.

Here is something I have wondered about. This site is used by mostly the same people, and I am pretty sure, a lot of registrants don’t even know this site exists. How will they know about the Tiered Registry, their assigned tier and will they be informed at their annual that they might be able to petition to get off the registry? Letters won’t be mailed, and we are to ask for it at the local PD. But, what about those who know nothing about what is to come. Will LE have to let them know, or will they just… Read more »

This is a very good question!

Isn’t it the duty of law enforcement to notify all registrants? There are some registrants who are homeless and have no access to any new info. How will they be notified?

This feels like a cheap disservice to those on the registry for not informing all registrants of the new tiered law.

@Someone, they gave me a notice at my last registration at the Sheriff. It went along with that summary of all the requirements you are supposed to initial. I wonder how many don’t know about the law or ACSOL. For me, I searched and searched for some time for some entity fighting this registry until CARSOL came up in the search results. Not hard to find in search results, considering all the cases they were involved in. Still, I suppose many are restricted or don’t know about the internet. I suppose it is fear many are not involved in ACSOL.… Read more »

I’ve done my best to read the legal text on this and still unable to understand what it means for someone who was convicted of 288(a), 21 years ago. Seems like it’s Tier 2, but when does the clock start? Convicted and sentenced to 3 years probation, 4 years suspended-sentence. Got violated on probation for a technicality, extended to 4 years probation and then another technical violation and my 4 years was involked in 2005. Only then, it was reduced to 3 years in prison. All said and done, I left prison in 2007, but was off parole in 2012,… Read more »

@N.M. I am not a lawyer, just giving my opinion. If anyone has better information please provide. My understanding is that Parole time is considered “in custody” while probation is not. If I am wrong on this disregard the rest. As such any time you spent in jail/prison does not count towards your minimum time prior to being able to petition. Anytime on probation and/or released from custody is counted towards your minimum time. From the sound of your circumstances I highly recommend contacting your local public defenders office or a local law school to see if you can get… Read more »

@,N.M
Ur tier2 but your time on the registery stopped when you went to prison and started back up when you got out .
What happened to you happened to alot of us that was around the time of the sex offender Witch Huntthat that went down in 2008 and ended around late 2015 the crazy part is a lot of those taskforce from that time still exist and they still operate hey just do it way more low-key now

Good luck

Jack: Whitmer can’t nullify a court ruling by passing legislation. Fortunately, Does II isn’t final yet so they can address this in a final order without filing new litigation. We won’t know what the ACLU is requesting until the ACLU files a motion for the final order and won’t know for certain if new litigation is necessary until the judge signs the final order. Right now, the registry in Michigan is in a total state of confusion. Some police are telling registrants they don’t have to register due to the Does decisions (which isn’t true until Does II becomes final),… Read more »

N.M.:
Your post show just how vague these laws are and why they need to be struck down as unconstitutionally vague.

@Detriot, in spite of the confusion it’s nice to know the covid registration vacation isn’t over quite yet. Yes I wondered the same thing. If people haven’t registered in over a year will they really be able to enforce it? Guess time will tell.

@Detroit…. I hate to keep going in circles with you but why do you keep saying that people are going to be removed after the final order in Does II? If that is the case then why the HELL has the aclu been sending out emails to ALL of us on that mailing list saying that if you’re a lifer then you’re going to remain a lifer? If the aclu believes what YOU believe then why are they planning to fight this new law 5679? What it appears is that you don’t understand that this new bill is the remedy… Read more »

Josh:
I’m not on the registry so don’t receive these emails. Someone did send an email to me from an ACLU volunteer who is not an attorney. If this is the email you are referring to, it’s a volunteers view of the registry, not from an ACLU attorney. The new law signed by Whitmer has no impact on any court decision. You have to wait until after Does becomes final to understand.

How awesome it would be if there could just be a separate website to log onto to look up our tier. But of course not. That would be too easy.

Guys, I noticed that ACSOL updated this article with new info that is worth reading. I recommend re-reading it.

If one is placed in a “tier to be determined” category, is this simply because of a work backlog for DOJ, or might there be other reasons for one having that status at this time?

It mainly for out of state convictions. It was also for those who didn’t have a Static-99 score. But the most recent FAQ now seems to say you don’t need a score to be placed. All in all, it’ll probably take a bit of time for them to get things going, judging from how they’re classified some people already.

Hi,

I live in Eureka, CA. The PD notified us today by certified mail that My level is 3. It is what I expected, but still is just another reminder of our status. I am looking forward to the day when we can meet again around the state to show support for each other.

Stay safe!

2 Questions: 1) If part of the conviction is for possession of CP are they still eligible to be removed from the registry. 2) If someone is successfully removed, will they then be allowed to travel internationally, say to mexico?

I’m hoping the legislature invokes the 25th Amendment on me. Clearly, I’m not suitable to be on the Registry. Seriously, they should just remove me. 🤗

‘Got a reply from my local registry office:

“‘Your CSAR shows status as ‘In Progress’ and tier as ‘TBD’. No letter available until assessment is completed.”

Likely delayed b/c my conviction was out-of-State.

The more im thinking about the oddness of how DOJ is seemingly mis-tiering people, the more I think its a result of a poorly written program to match people. I do not think any of this was done manually. Not when they had to do it to 100,000+ people. They most likely wrote some quick program that matches a person’s record to tiers, and the coding is looking at the wrong information, not seeing reductions, and sometimes not seeing anything at all and putting people into To Be Deretmined category when they shouldn’t be like some have reported having their… Read more »

@SR – Can you elaborate on this part…

“and sometimes not seeing anything at all and putting people into To Be Deretmined category when they shouldn’t be like some have reported having their 311.11a having been done.”

I hadn’t read about 311.11a issues but may have missed it. What exactly has been reported about this? Thank you.

Someone posted in the Experience thread that their misdemeanor 311 CP was given Tier 3. Several people, myself included, tried to get clarification to which 311, but the person hasn’t replied yet.

SR, Don’t get caught up in what other people post about their offense. Just take a deep breath. If this is your offense and adjudication, then you will be told at your next registration appointment. There are commenters on site that are trolls. They post things just to create confusion and distrust. Whatever the current tier system is, ACSOL will continue to work to refine it. If you still have time like I do, then address it when you are eligible. Until then, just keep making plans. Mine is a misdemeanor CP as well. Been told be attorney that it… Read more »

SR,

As a follow up on my comment, you can go to Shouselaw.com. They have it spelled out on their site that a 311.11(a) as a misdemeanor is a tier 1. If you have had a reduction, the offense is legally a misdemeanor. I hope that helps.

SR,

As a follow up, acsol posted a page that says all person convicted of possession of illegal images are currently tier 3, yet have spoken to many( and by many I mean 6) attorneys that said a misdemeanor is a tier 1 placement. Obvious to me that there is definitely confusion all around on this.

@Too Damn Long: There’s a serious issue here that you seem to be overlooking. SB 384 is very clear that 311.11 charged as a misdemeanor is Tier 1. Which means your identity is not publicly disclosed on the ML site. Which has been the case so far. If the CA DOJ botches the assignment and places you into Tier 3, that means that come 1/1/22, you are suddenly publicly disclosed on the ML site. Sure, we time to fix the problem during 2021, but who knows how long this will take? Will it take DOJ 3 weeks or 3 months… Read more »

Okay so has anybody who has been convicted of 311.11 a pc misdeamenor been told what tier they are in yet?

I have a question: Those of us on this site knows about the possibility of removal from the 290 club, how do the others would know about the removal?

In the city of Ventura, the registration officer hands (handed) out information about the new tier law when you came in for your registration.

Good for them, mine there was not a word and I know most here are not involved with ACSOL or like groups.

For the sake of clarity, under 667.5 there is this:

(5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.

That to me means subdivision (c) or (d) of 288a, which would NOT include 288a (b), which means it is not a violent crime listed in 667.5, which makes it a Tier 1.

I think the new 287 is the old 288a.

I’m confused about reqesting when to request the tier assignment letter. It’s my understanding thai I must wait for the period beyond eligiablity to cover time on probation. So for instance , I was charged and began my court process in July 2001. In early 2002, we settled the matter, and thus I have a conviction date at that time. I also served 5 years on probation. So shouldn’t I wait 5 years from July 1, 2001 to request a teir letter from the police or shall I do it on this July 11, 2021–my bday. Furthermore, if we dont… Read more »

There are no letters being sent out. You simply need to call the office where you register to get your tier level. If you have ability to call them (you’re not behind bars), you should be able to get your tier assignment. It doesn’t matter if you’re still on probation, parole, or “free”.

@SR ok so now I’m totally bewildered. What you describe bares little resemblence to what Janice wrote above. Furthermore, why do I need my tier level?

Last, I think we can safely assume I’m not in jail as I am able message to this website.

@Davidh,

You can request your tier assignment today.

The first opportunity to petition off the registry, if you qualify, is July 1, 2021. Part of the qualification is your tier number and the number of years you have been on the registry. There are many nuances to those that. Between now and July 1, 2021 is the best time to contest your tier rating.

@davidh David, per the information you provided here are answers to your questions as I understand the new law – I am not a lawyer so take my answers with a grain of salt. You can request your tier assignment letter from the law enforcement office you regularly register at beginning 1/1/2021 (so now). No one can petition to be removed from the registry based on the new law until the month of their birth starting in July 2021 and after they have met the minimum registering period. If I understand you properly your conviction was 2002 and your sentence… Read more »

Thank you!

My birthday is also 7/11. I will also be petitioning this year.

David this tier registry can be construed or interrupted as vain or unacceptable and a bit inexcusable in classification. Send a letter off as soon as you can. I’ve even written several letters to President Trump in the last few years for pardon if not for me for others. Many times they are filed in the trash bin. Sure one can wait my two more years or so out if thats one’s case but its the “principle” of the whole ordeal that much of this registry goes against the grain. Do you think one like seeing anyone in jail or… Read more »

Gee, you wrote a letter to POTUS for a pardon to a sex offense and didn’t hear back? Well knock me over with a feather.

Haha well ole orange is issuing 100 on his way out the door–so who knows

@Janice and ACSOL, On the updated pdf it states the following: *** Who determines my tier designation? The CA DOJ designates the tiers of most sex offender registrants. However, pursuant to Penal Code section 290.006, on and after January 1, 2021, the court shall determine the tier designations for individuals ordered by the court to register. Registrants who are court-ordered to register will be designated as tier one unless the court finds the person should register as a tier two or tier three registrant and states on the record the reasons for its finding. An individual is court-ordered to register… Read more »

https://codes.findlaw.com/ca/penal-code/pen-sect-290-006.html

Section operative Jan. 1, 2021.  See, also, § 290.006 operative until Jan. 1, 2021.>

(a) Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290 , shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.  The court shall state on the record the reasons for its findings and the reasons for requiring registration.

Notice the NOT SPECIFICALLY IN SUBSECTION (c) OF SECTION 290 part.

Tomorrow our son might be a tier 1 when sentenced . What does that mean for him? Jobs, place to live, Megan’s list, can he get off early, so many questions. Any advice/help is appreciated.

If your son is Tier 1, for the most part, he’s in a good place all things considered. He shouldn’t be publicly listed on the website unless he has a 647.6 (this will result in a partial listing of his name and zip code, but not full address). It’s unlikely he’ll be able to get off the registry before the required 10 years for Tier 1’s unless there’s something specific written into his sentence by the judge and/or laws change in the future. Janice and ACSOL have successfully removed living restrictions for registrants, so this shouldn’t be too much of… Read more »

@Charlene I am so sorry for you and your family. You are all beginning a long process. I understand you have a lot of questions and people here can share their experiences and insight. You said your son will be sentenced tomorrow, once you know the particulars of his sentences we can all be a lot more help. As a tier 1 your son would not be listed on the webpage, but would still be required to register. His living situation will be driven by his probation/parole officer if he is not placed in custody. Depending on the specific crime… Read more »

So what happens when we are off the registry, meaning can we move out of California and buy a home without having to register in another state after we have been relieved of 290 registration in California?

@New 2021 The unfortunate nature of the on going legal definition that registries are civil in nature … each state can apply it according to their own laws. So the short answer is … your California status is not relevant in terms of a different states determination of wanting you to register. To me it definitely seems like double jeopardy or a violation of freedom. That said I have not as of yet seen anyone try to challenge this. Seems like if the state of California convicting me of a crime makes me eligible to be forced to register everywhere… Read more »

The way the registry is implemented, not only can we kicked out of other countries, we can be screwed just going to another state! Hell, just going to another city can possibly get you put in jail. No consistency or reason to all the different applications of the law. It’s like the Federal government said paint us all blue, but each place chose a different shade.

@Interested Party & New2021, I think one thing that probably matters is where you stand with registration under the Federal requirements. If you move between states and are required under federal laws to register there is some uniformity at the Federal level that would not be a situation where states are necessarily applying so much according to their own laws except for maybe some requirements with their registry that go beyond what is required Federally. When you are no longer required to register under the Federal SORNA, I think there is a bit more of an open question and the… Read more »

⭐⭐⭐⭐⭐ Some on this website have expressed concerns about ACSOL’s lawsuit. Please read Janice’s Journal. Here’s a link:

https://all4consolaws.org/2021/02/janices-journal-weve-got-your-back/

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