The California Department of Justice (CA DOJ) has reversed its position on an important tiered registry issue. Specifically, the state agency has agreed to delete a sentence included in previously issued tier assignment letters that state individuals whose tiers are “to be determined” must wait until their tier has been assigned before petitioning for removal from the registry. The sentence will also not be included in future tier assignment letters.
“Due to this change in position, individuals who receive a tier assignment letter stating that their tier has not yet been assigned will be allowed to petition for removal as soon as they are eligible,” stated ACSOL Executive Director Janice Bellucci. “That is, no one has to wait for their tier assignment before petitioning for removal from the registry.”
CA DOJ reversed its position in a letter dated Feb. 12 that was sent to ACSOL by email after 5 p.m. that day. ACSOL previously noted in a letter dated Jan. 12 that there is no provision in the Tiered Registry Law that authorizes the agency to stop an individual from submitting a removal petition as soon as he is eligible to do so even if he has not yet received his tier assignment.
According to the agency’s letter, CA DOJ will update a previously issued document, Answers to Frequently Asked Questions, to reflect that registrants may petition for removal even if the CA DOJ has not yet assigned them to a tier.