CA DOJ Reverses Position on Important Tiered Registry Issue

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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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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.

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@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

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

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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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