Janice’s Journal: Tiered Registry Law and Its Early Implementation Significantly Flawed

The Tiered Registry Law, passed in 2017, became effective this month more than three years after it became law. During that long period of time, more than 100,000 people convicted of a sex offense closely watched as the California state government slowly released information regarding the law’s implementation.

One positive step in the implementation process was the public release of draft forms that registrants will be required to use when petitioning for removal from the registry. This step included both the opportunity for the public to comment on the draft forms as well as publication of revised forms which included many of the changes recommended by ACSOL and others. The final petition forms, however, have not yet been made available to the public.

Another positive step is the publication of answers to Frequently Asked Questions by the California Department of Justice (CA DOJ). This document has been updated annually, and does answer some important questions. For example, in November 2020, the CA DOJ revealed that a registrant’s tier designation will not be posted on the Megan’s Law Website. However, despite its length (eight pages), the CA DOJ’s FAQ document fails to answer several questions addressed later in this column.
Unfortunately, the number of positive steps in the Tiered Registry’s implementation process are limited to the few steps described above. And they are outweighed both in number and in scope by both the language of the law, as well as the discretionary decisions taken by CA DOJ, the state agency tasked with its implementation.

Perhaps most significantly, the current language of the Tiered Registry Law violates the equal protection clause of the state constitution because it assigns less severe offenses to Tier 3 while it assigns more severe offenses to a lower tier. For example, individuals who committed the same acts with a victim 14 or 15 years old and convicted of Penal Code Section 288(c) are assigned to Tier 3 while individuals with a victim under 14 years old and convicted of Penal Code Section 288(a) are assigned to Tier 2. And individuals are assigned to Tier 3 after being convicted of the non-violent, non-contact offense of possession of unlawful images, the same tier as those convicted of violent contact offenses, such as forcible rape.

In addition, the CA DOJ has already stumbled during the first 30 days of its implementation of the Tiered Registry Law. First, the agency has issued tier assignment letters to a large number of individuals stating that they have not yet been assigned to a tier. One of those individuals, ACSOL Treasurer Frank Lindsay, was convicted of one offense more than 40 years and the agency has had more than three years to determine his tier. To make matters worse, the agency’s letter told Frank that he is not eligible to petition until he receives his tier assignment, which could take up to two more years. If Frank adheres to the agency’s limitation, he would not be able to petition for removal from the registry when he is otherwise eligible to do so in January 2022. ACSOL believes that California law allows individuals like Frank to petition despite being placed in a tier-to-be-determined category, and is making this case to the CA DOJ.

Second, the agency is failing to take notice of the changed status of some individuals convicted of a wobbler, that is, a felony that has been reduced to a misdemeanor. Examples of a wobbler can be found in some sections of sexual battery, Penal Code 243.4. The agency’s decision to do this is not supported by law which states that a felony reduced to a misdemeanor is a misdemeanor for all purposes unless another law creates an exception to that law which the Tiered Registry Law does not. The result of this mistake is that individuals whose felonies have been reduced to a misdemeanor are being assigned to Tier 3, which requires lifetime registration instead of Tier 1, which requires 10 years registration.

In addition to the situations described above, there is another situation affecting individuals convicted of a sex offense in California who now live in another state. Some, but not all of those states, only require individuals to register in their state if they are required to register in California. And yet the same individuals are not able to petition for removal in California because they do not live here. The result is that the individuals are required to register in their current state although they would be eligible to petition for removal from the California registry.

These are but a few of the flaws identified so far in both the Tiered Registry Law and its implementation. ACSOL is addressing these flaws first through formal communications with the CA DOJ, planning for a series of lawsuits and possible legislative solutions. ACSOL will report its progress regarding these plans on the ACSOL website in the future. Please stay tuned.

— by Janice Bellucci

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Janice, Mike R, I completely concur. I register in 2 counties wink. OC sent my tier as TBD. I’m 24-25 years registering, PC 243.4a, 17b 2000, expunged 2002, summary/informal probation without any legal issues prior/thereafter. I was initially placed on the ML law website for one day. I subsequently called the DOJ (years ago) and was informed I would be required to file an exclusion document? I informed the DOJ I had a 17b/faxed a copy per their request and I was removed immediately. I lost a professional license as a result of my plea and thereafter obtained both a BA and (trying to be a little private) graduate degree. Now, I have a COR court date in late Feb for a 24/25 year old expunged misdemeanor with summary/informal probation. The new liberal DA seems to support rehabilitation. I’m 2 weeks out and none of my references have been called or per their website, they will mail a reference letter to your references.

The tiered registry is flawed no matter how its spun. Married with children of my own, 13+ years with zero negative interactions with police, obtained a bachelor’s degree and have worked the whole time post incarceration yet I’m dangerous, a tier 3, and lifetime registration. How can that ever be just? I’ve done everything they say to do and it means ZERO in this extremely vindictive society.

5 FBI agents shot and 2 killed serving a search warrant on A suspect wanted for CP
It’s only gonna get worse being placed on IML is a death sentence and everybody knows it.
Every person forced to register knows the stress of being labeled A sex offender if you dont have money or own property or have strong family support your A sitting duck out here an eazy target for Law Enforcement.
The one’s who are making it i know its gotta
be hard as hell waking up everyday going to work thinking is today the day I’m gonna be humiliated embarrassed shamed and fired after 1 of my coworkers gooles my name.
After making thrue that ordeal you get in your car and drive home as you get closer to your house you feel the anxiety paranoia and fear starting to rise again not knowing what to expect from your neighbors when you pull up to your house.
Once inside your anxiety paranoia and fear returns not knowing how or when Law Enforcement will show up to do their compliance checks.
So I’m not surprised this guy snapped and killed himself he knew his life was over ether way

Good luck

Thanks for your feedback. I’m going in confident. 17b – nobody (DA) said a word. They didn’t seem to know what’s going on. PC 1203.4 – I got the flu and represented myself/I didn’t show up – judge signed off on it. Now, I was (I need to be a little private) arrested for 5 significant felonies, released on 50k. I plead to 1 lesser charge and released on OR. I surrendered myself weeks thereafter for some county time and received informal. My argument, all charges dismissed, I have education I can’t fully use and this was summary probation? We are now talking about a 25 year old misdemeanor that’s been expunged with summary? I can be assertive in a nice way.

The positive thing with California’s “Tiered” Sex Offender Registry is that more people may start seeing the whole registry, and how it was spun by law enforcement, corrupt government officials (i.e. judges and politicians), and the Fake News Media as a necessity.

There are unintended consequences to these laws that slowly eat into the government’s credibility. I mean the whole premise of the sex offender registry lies on made up statistics created by the Supreme Court of the United States and politicians.

In fact, there are about one million “sex offenders” in the United States of America, which is slowly becoming the worst of banana republics, and our pathetic government is walking into an abyss where their political profiting may cause a credibility debt on their part. Like the weakening U.S. Dollar, the state and federal governments are cashing credibility debt that they will no longer be able to cash (if they haven’t already fell into that black hole already). It’s just a matter of time.

Over time, if our government fails to get reasonable and gain common sense, it’s going to get worse for California and the United States. Again, these political games/scams slowly destroy the government and media’s credibility.

The government is trying to trade one side of hell for another in “tiering” people, imposing these Minority Report “risk assessment” scams (i.e. the Static99 scam), and trying to sell the Tiered Registry as “criminal justice reform” (haha).

It will be interesting to see the longterm consequence of the California and United States governments failing to honestly govern with integrity. Eventually, they live by the sword…

This is why I push for tired level because I knew that if they pass this they would screw up big time. Now there are couple “loopholes” and lawsuits that they need to fix. Now a perfect time to file Muti-lawsuits!!!

I am donating money for this cause !!

1. The DOJ had 3 years to prepare
2. I’m not aware of any law that reverses a 17b and continues to treat people like felons?
I believe the DOJ will wake up and I believe it’s simply a misunderstanding

I disagree. If you have a misdemeanor PC 243.4a, it’s a tier 1. Of it’s a felony, it’s tier 3. Show me otherwise

Ditto, I completely concur. SR, I concur. I have a COR scheduled this month in LA. I hope I can move on with a 24/25 year old expunged misdemeanor that’s presently (not trying to be arrogant/it’s disgusting) preventing me from utilizing my 4 degrees and re-obtaining a professional license that would allow me to immediately become employed. I have a lot to offer society. Providing me with a 2nd chance will allow me to show my full potential, I believe and support the new DA’s viewpoints. Please read up on George Gascon

I spoke to my attorney at length about how to proceed if I am placed in Tier 3. I am 6 yrs on registry with a 17b for a wobbler 311.11a ( court records indicates less than 30 images, but not exact.) I guess only getting probation isn’t a factor. He said that he would be eager to challenge this in court. I have a feeling this registry designation problem is like throwing raw meat to a pack of hungry dogs as far as lawyers are concerned.

I am supposed to forward a “hello” from my old roommate. We met in probation mandated counseling and got an apartment together, but he has since moved to Germany. He had a parent that was German so he was granted citizenship. I don’t know what he used as a name here, but he says he’s doing well and life is good for him. So there is a way to a life. I look forward to going and visiting when the Pandemic is more under control. I miss my friend, have so few these days.

Way too, I don’t think the DOJ wants 1000 lawsuits pending against them when the law regarding 17b is clearly written. I personally think they weren’t prepared (like most poorly ran government agencies) for this impending law. 17b will prevail. I don’t think a felony with a pc1203.4 will, but I’m not a lawyer.

Janice,

On Feb. 1, 2021, you posted: “Soon after the Tiered Registry Law was passed and signed into law, ACSOL began to lobby to change it. One of those changes is to allow people assigned to Tier 3 to petition for removal after 30 years provided that they had not been convicted of another sex offense”.

After 30 years??? I’ll be 72 years old next month. I will be 102 years old when I am then ELIGIBLE to petition for removal (this for a first and only offense [federal CP]). Is this in any way ‘reasonable’? I would love to challenge the State of California AND/OR the Federal govt., to show a “compelling state interest” in maintaining jurisdiction over a centenarian, or nonagenarian, etc., given such facts.

While I certainly appreciate all of the efforts to reform the system, and my allegiance is and will always be with the cause, please take AGE AT TIME OF ELIGIBILITY into consideration when lobbying for change. Perhaps a ‘sliding scale’?? (Even someone who is 50 years of age today will be 80 after the 30 year wait period). And I thank you for all that you do.

SR, great comment. Did you state you had a friend with a PC 311 that was a felony reduced pursuant to 17b who was placed on tier 1? If so, that clearly indicates the DOJ is overwhelmed

Does anyone know if a COR for a 664/288(a) will help me be moved from Tier 2 to Tier 1? I am hoping since then I can get off the Registry
Thanks

@Getting older all the time. I would not worry so much about 30 years. Within 30 years there is. BIG chance that the laws will change and this Tiered Registry will significantly change. I have been on the registry for 20 years now ON THE WEBSITE. I have traveled all over the country with no problems and have been offense free. I had to do my annual update yesterday over the phone in Orange County CA. I will get my Tiered letter very soon along with the paperwork I virtually consented to. My charge is a 288.2(B) Felony , a 311.11 (A) misdemeanor, and a 311.2(D) Felony, however all are wobblers but I don’t have a 1203.4 or a 17b. My attorney said I would never get them because I was given a suspended sentence, severed 1 year in jail and di 3 years formal probation. I don’t understand it but I expect to be in Tiered 3, but hoping for 2.
All you do is enjoy TODAY and live your life the best you can until these laws change or the Tiered Registry changes, or move to a country that don’t care.

I admit it, I gave myself hope. Foolishly. The truth is, today is no different than yesterday, but it feels different – it feels like a door’s been slammed in my face.

Went to my local PD for my annual registration today, and received my DOJ Tier letter, and saw I am assigned to Tier 3 – Lifetime. Just the same as it’s been all along…but it feels like a death sentence today, because I had been so hopeful I’d see a Tier 2 there; I was hoping against hope I’d soon be done with the registry after 20 years on it.

Arrested in 2000, started serving prison time in 2001, released in 2004. Was in early 40’s at time of arrest. 261.5, 288A(B)(2), 288(C)(1), 278, 288.2(A).

I am not the same man today I was then, mentally, emotionally, physically, or spiritually. But here I am. I have no right to expect different – Not a day goes by that I don’t regret my actions and the harm I caused. The victim of my crimes still may suffer consequences, so what right to I have not to? Still, I’m sorry not for myself, but for my wife and my kids who still live under the effects of my having to register…now, again, for the rest of my life. I’ve been blessed. I have a job, I’ve traveled, I have a roof over my head. But my hope was my wife would be released from having to be married to a Registrant, and my kids would be released from having to have a father who’s a Registrant.

Still, I press on…(not) forgetting those things which are behind and reaching forward to those things which are ahead….

I donated to ACSOL again today, and I will continue to support Janice and team’s efforts, and to support and celebrate my brothers and sisters whether they are on Tiers 1, 2, or 3. I just do so with a heavier heart today.

Janice and Co, you have to read this. Search stealthing. A Ca lawmaker (stealthing: a man covertly removing a condom/or damaging a condom) will be prosecuted for sexual battery? Search: Ca Bill 453

TMZ While I owe you an apology I was not familiar with the word stealthing Guess many are pilgrims in much of this sex offender outcry of injustice today on many levels.

Saddles, Google steal thing. Wow! I’ve had intimacy and the condom broke? Basically, if your condom breaks? Or, a woman gets pregnant? Or, perhaps a hole is in your condom, a woman can file a police report and accuse you of sexual assault? Can you imagine? Read the details. Very disturbing.

Read carefully: here is my thought. I
Stand very firmly by this. The DOJ passed this law 3 years ago. They have had over 1000 days to implement the law and take into account the seriousness of how their errors can impact both individuals and their families, Bottom line. A 17b is the law! Irrelevant of the laws verbiage (ie: PC 243.4a), if it’s a misdemeanor, it’s a tier 1. If it’s a felony, it’s tier 3. How on earth can the DOJ even think or believe they will place your tier status based upon your arrest or original charges? Otherwise, why would 17b even exist? I don’t think their is a Judge alive who wouldn’t agree. So, I’m reading some of you have been assigned to tier 1 based upon your 17b and some of you haven’t? Why? Are they really going to assign people to tier 3 with a 17b that’s expunged? Summary probation? No! I have no doubt this is a BIG mistake on their behalf and if I where a civil attorney, I would seek monetary damages! It’s upsetting and creating chaos for many!!

There’s another side of this that is a major problem for some of us. I’ve been critical of the tiered registry from the start, and my criticism was validated when they moved those of us convicted as a result of internet stings from Tier 1 to Tier 3 at the last minute. This meant my last and only hope for removal from the registry was to get a Certificate of Rehabilitation before the June 30, 2021 deadline. After that, the tiered registry no longer allows removal with a COR.

I started the process of getting a COR in December 2019. However, thanks to the Covid shutdowns, I still have not been given a hearing date and it’s looking like I probably won’t get one before the June 30 deadline. Thanks to the tiered registry that was so championed on here, I feel like I’ve been royally screwed over and my opportunity, my family’s opportunity, to get off this insane registry has been stolen from me.

TD, I filed my COR last May and hit a court date in Dec. it’s been delayed to late Feb. (LA), What city/county? I’ve hired a firm who specializes in this. How about you?

The registration schemes are growing to include people with “disabilities.” “Registries of people with disability used by law enforcement in Santa Clarita and elsewhere spark debate:”

https://ktla.com/news/local-news/registries-of-people-with-disability-used-by-law-enforcement-in-santa-clarita-and-elsewhere-spark-debate/

At this rate, everyone is going to be registered for something. About one million convicted sex offenders in the United States, over 100,000 of which are in California, and God knows how much other people in this “free” country are in a registry for other matter(s).

I’m a registered sex offender and I pay taxes… probably more than the average non-sex offender. What pisses me off is where I live, the state, city, and county can’t even fix the potholes on the freeway and surface streets.

A few days ago, two deputies came to my home for an “annual” compliance check. None of them had a mask on, but I made note of their names. When my wife and I looked these two deputies up on Transparent California, guess how much they were getting paid by the taxpayers of California? EACH were getting paid over $200,000.00+!

For that amount of salary, the deputies could have been a bit considerate and put their masks on. What a joke.

From a young age, we were all fooled and brainwashed into thinking that America was the “Land of the Free” and “Home of the Brave.” That was all a lie; it was propaganda pushed by corrupt government officials doing the bidding for only the rich and powerful.

I agree… more people are ending up registered for something. California and America are in the company of third-world Authoritarian regimes when it comes to pushing these sex offender registries.

Let’s remember how this country discriminated, and continues to discriminate, against LGBT and minorities.

In a few years, when the check comes due for the government officials that wrote and enforced these “sex offender” laws, let’s remember their names. Every corrupt state attorney general, district attorney, judge, and officer who didn’t honor their oath when it came to our great Constitution.

Hopefully these unjust laws ultimately don’t come for the very corrupt government official(s), or people they care about. That would be a shame…

May God Bless Us All

Here are my thoughts. The DOJ has had 3 years to update their info and figure this out. 3 years! This is clearly why they are allowing TBD to file to get off the registry: I actually ran across a site (employees or people wanting to read a DOJ background check) that shows you how to read a DOJ background check. Very informative. It shows arrests/detainment, cases dropped, convictions, 17b, expungements and so on. I believe they are overwhelmed, placing people on TBD when they have a 17b/expungement or COR. I have no doubt (110%) that nobody anywhere can’t avoid addressing a 17b and it’s the law! Otherwise, the DOJ will be overwhelmed $ with civil lawsuits or class action lawsuits. I have a COR in less then 2 weeks for a 24/25 year old PC 243.4a 17b/expunged misdemeanor with summary probation! 1 expunged misdemeanor that’s destroyed my career, prohibited me from traveling and had a devastating affect on my marriage and family. The financial impact has been surreal. I will be going to LA where the new DA appears to be transforming the way rehabilitation is carried out. There must be a path to redemption and rehabilitation. It’s the humane thing to do. I can’t see anything positive by not granting my request. Best of luck, God bless you all and 17b will prevail. Thank God this site exists!