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CA DOJ Reverses Position on Important Tiered Registry Issue

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.

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Wow people forced to register in California are lucky to live in the same state as Janice Bellucci and ACSOL they aren’t playing around 2 months into this year and their allready getting shiit done

One step at a time. Next, the 17b will prevail. It’s the law. Thank God Janice Belluci exists!

This could be great news for so many people with very old penal codes.

Thank you, Janice and all at ACSOL, for this update. And thank you for your continued work in getting the CA DOJ to recognize the error of their ways.

Any word about tier 3 registrants who’ve had their felonies reduced to misdemeanors? Or are we gonna have to go to the courts on this one?

Getting a bureaucracy like CA DOJ to do the right thing is a major win for ACSOL!

This provides an opportunity for anyone not assigned to petition for removal which is great because that in of itself might sway the enforceability of certain offenses being tier three or two in the future especially if someone is successful with their petition prior to a tier assignment. Can’t apply the law unfairly.

3 cheers for Janice and ACSOL. Huzzah! Huzzah! Huzzah!

Any idea when the fight to move non-victim, non-contact (stings, Cp) off of tier 3?????

Thank you, Janice!! That’s very good news. 👍
Because my conviction was out of state, I suspect my tier assignment letter will indicate “TBD”. (Unfortunately, my offense still puts me in Tier 3 [when it should be Tier 2 or even Tier 1].)

Our patron Saint, Saint Janice, and her team of selfless superfriends, prevails again. What would we do with out you!?

Any good news is a blessing…keep up the awesome work Janice, Chance, and Company!

Good news, thank you Janice and team.

So, without the tier assignment, how does somebody, or the court, know or prove that they are eligible to petition?

The State of Florida said that because my crime said to be determined in California, I will have to remain in their registry. The to be determined means that if I were to move back to Cali I would still have to register. I received a letter from Janice saying that I was no longer a part of the California jurisdiction, however The State Florida is making us register because California has me in the to be determined status. I know that the DOJ has changed its position towards the to be determined section

I went to the local agency who registers me and they said the DOJ is way behind on sending out the letters and wont have to do so until July 2021. Is this true everywhere? And without a letter can I still petition for removal from the registry? its been 35 years.

Just did my phone annual and I’m tier TBA assuming because I have no static 99 score. I’m sure its been answered somewhere but my b-day is this month can file in July or do I have to wait?

Guys Janice is right about this tier registry ordeal. While I even have my petition for pardon it seems I’m not going to get my petition and will just have to wait out my probation unless something comes up and they look at many of these registry ordeals as a double standard. Much and many of these registry issues are so vain and man-made ordinances and ill-moral that government is reaping and sowing in these issues and are leading one into a new wave of destruction with this internet based system of ill gotten gain. So can many say corrupt government and justice for all.

Okay, I know for 110% that I am eligible for Tier 1 and it’s been a few years past the 10 years. So how do I petition?

Is it a DIY form I get from somewhere or do I walk into the public defender’s office (If I was able to afford a private attorney I would hire Chance) and ask them to petition for me?

That’s just it, the whole system is a joke. I’m supposedly dangerous and was assigned to tier 3 on nothing more than age of victim, yet I’m going on a decade and a half out of prison, no probation or parole, married with children of my own whom I raise, but there’s no way off the registry. It makes zero sense. Not one lawyer fighting these asinine laws have used people such as myself as examples why people in tier 3 should be able to lower tier level or get off the registry…..

Placing people in teir3 or TBD because of there static 99 score is just wrong I can’t believe the DOJ really uses this tool to determine whether A person goes free or not.
Id say 90% of the people placed in teir3 have done something in their past that got them there I do agree this is a corrupt system were dealing with but honestly some people’s crimes deserve life time registration.

Good luck

Why on earth would the Birthday have anything to do with when you can petition for removal? If it starts 7/1/21 (not sure why it couldn’t be 1/1/21 – they sure had enough time to get prepared), so anyone who has met the time criteria should be able to petition starting 7/1/21 period!

Congrats to all those in cali!!! This is a great win!!! Now if only something like this could happen in NV!!!!

Dave ~ Where do you see a statute that says “A” The static99R is used and “B” that they are using a high score for Tier I to put them into Tier 3?

SR and Dave ~ I don’t really think my question was answered, but I also know that all this is very confusing. In the article attached here (page 2), it sounds like the Static99 is only relevant to Tier III. Some Tier III can petition to get off after 20 years with a favorable Static99 (some exceptions apply). Tier I and II will just be based on the offense. That is my take on it, so if anyone has different or better information, please share.
https://oag.ca.gov/sites/all/files/agweb/pdfs/csor/registrant-faqs.pdf

hi Janice i have a question on the minimum wait time. Does the time when you are on probation or parole included in the wait time or is it excluded? i am asking because my wait time for is close to 10 years if the time on probation is included but if it is excluded i need to wait another 3 years, as i was on probation for 3 years with no jail time.

@janice
Where can we find the DOJ’s decision for changing their position for people whom have their tier assignment TBD they to can petition the court for removal starting 07/01/2022 . I don’t see the change on their F&Q memo . Thank you

Janice can you please provide me a source for the to be determined change so that I can show my lawyer

My public defender is having petitions denied because her clients are on the ‘to be determined’. I told her about this article and she asked for something to reference. Especially for the judge. Thank you

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