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CaliforniaJanice's Journal

Janice’s Journal: Uneven Results in Beginning of Petitioning Process

[ACSOL]

The petitioning process under the Tiered Registry Law has begun.  A quick look at the first 60 days of the process shows uneven results.

The best news is that two petitions have already been granted.  Both petitions were filed in San Diego County and both petitions did not trigger an objection from the county’s District Attorney.

The good news is that court personnel and other government officials at most locations are trying to help registrants who file their own petitions as well as attorneys who file petitions for their clients.  This help has even come in the form of phone calls meant to iron out wrinkles in the petitioning process.

The bad news is that there are other government officials who are creating new requirements that are not included in the Tiered Registry Law.  For example, one county official required a registrant to obtain a state government form to prove that he is currently registered even though he was provided a different form when he registered.  Another county required a “wet” signature on the petition form.  These government requirements can be viewed as minor hiccups that are necessary in order to clarify a process that is complex.

The truly bad news is that there are legal professionals making claims regarding the petitioning process upon which they cannot deliver.  For example, it is reported that an attorney in Los Angeles county is promising registrants assigned to Tier 3, the highest tier which requires lifetime registration, that he can — for a fee of $60,000 — change their tier assignment to a lower tier and make the registrant eligible to petition for removal from the registry.

This is a hollow promise.  That is because there is no mechanism available at this time that allows an attorney or anyone else to obtain relief for a person who has been correctly assigned to Tier 3 with only one exception.  That is because tier assignments are based, in large part, upon the offense for which a person has been convicted and that fact cannot be changed.  The only exception is limited to individuals who can meet the following stringent criteria: their tier assignment is based only on a risk-level assessment, they have registered for at least 20 years, they have not been convicted of a new sex offense, and they have not been convicted of a serious offense of any kind.

What are the lessons to learn from the beginning of the petitioning process?  Be patient, lower your expectations and beware of legal professionals who not only claim they can help you achieve the impossible but also charge you exorbitant fees.

 

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This is great news that two petitions have already been granted!
Could we get more information, such as were the petitions handled by an attorney, or were the registrants able to handle it by themselves?

Yes, more information will be posted as soon as it is available.

I went 1 week after my b-day to get petition forms my b-day is the 31st of July, 24 years, I went home filled everything out, the next week I went to courthouse to turn them in, clerk was confused & didn’t really know, clerk than gave me public defenders # *office* clerk stated that *public defenders* are handling petition forms.public defender *took a copy *waiting* I also inquired about that reduction from felony to misdemeanor or anything but that felony. I’m not sure if it was a type of petition or request or another law allowing, so now waiting for something in the mail *GOOD LUCK TO ALL*

This new law, ‘The tiered registry’, is nothing to
celebrate .Most of the registry population is still
lifetime,including several misdemeanors with minors.How Sodomy, where the victim is under the age of 14 and the performer is at lest 10 years older(tier 2 felony) is less egregious than a touching of a fifteen year old when your 25(tier 3 misdo) is beyond logic.I suppose Janice is right,
it’s a better position to be in logistically.Maybe challenging tier assignments will be more effective
than approaching the legislators to roll-back their exclusions for folks who can apply for a COR.
In hindsight,most of the tier one’s in this ‘new law’
where eligible for a COR after 10 yrs to begin with.So,there’s no real gain there.Tier 2 is just a smattering of people compared to the enormous
amount on the registry-288(a) excluded.And 20
years is a long time to wait for freedom from these
wardens.The only individuals who truly benefited
from this change is PC 288(a),Which was the meaning for the proposal of the tier law. Off-load
the most excessive amounts-PC 288(a).None-the
-less, I am elated for those in tier 2 who can now
petition for relief,including 288(a)s.However,it is
obvious the legislators made out like bandits with
this tier system:1.they removed the COR’s application of removing sex offenses from the
registry,2.They have omitted away all the posting
exclusions except incest and kept most offenders
they don’t want to petition to remain in life time
with no way out.To balance this back to a fair and
legally acceptable tiering system as was SB421 will takes years of lobbying and legal challenges.
The language in Sb384 says that A misdemeanor
conviction in 290(c) is a tier one;it all so states
that if the felony is not violent it can be a tier one.
Unfortunately,no one is enjoying that application.
People are just placed where the law makers
want them placed and the original language of the
law is just superfluous.Not much has changed for
most PC codes.As far as the 288(c) tier placement
challenge,it better win,otherwise all those 288(a)s will eventually be placed with their baby brother
288(c) in tier 3.

Those officials who are requiring more than what the law says is necessary to petition need to be referred to the CA AG through a complaint which will investigated as well as the constituents local state elected officials possibly could be notified as well for help in getting the CA AG to assist. I don’t believe the local officials can legally add more requirements to the process than what the law says.

Yes, local officials can and do add more requirements to any/all processes and filings. It’s called “Local Rules” and each county has its own. What may be acceptable in one county may not be in another. Know your county’s local rules. The link below has a list of all counties that link to their local rules pages.
https://www.courts.ca.gov/6168.htm

I started to do my paperwork in late June Is with the public defender I finally got a letter back From them And some papers to fill out and return A week ago Said I’m qualified to Petition for relief But I have to wait until after my birthday in late September and register and show proof of registration on that day After that it should take about 3 months

Regardless of who files the petition (registrant or attorney), a petition cannot be filed until the person’s first birthday on or after July 1, 2021. That assumes, of course, that the person is eligible to petition.

The lesson is that civil methods are failing, so un-civil methods will soon be necessary to demonstrate to these fascists that we mean business. Smash their sanctimonious pride and fill them with regret.

Filed my petition last month. Got hold of the public defenders office here in Santa Clara County. Filled out a form he provided and emailed it back to him. He told me I have to wait until November (when I register annually) and send him a copy of my registration for 2021. It feels too easy. Wonder if I’m missing a step or something…

The public defenders office is correct. Registrants who are otherwise eligible to petition for removal must wait until their first birthday on or after July 1, 2021, to petition for removal from the registry. When a petition is filed, it is not known if the process will be simple or complex. That is because the District Attorney has not yet recommended to the judge whether to grant the petition or conduct a hearing. IF there is a hearing, evidence will be presented and therefore it is highly recommended that a registrant hire an attorney to assist them.

Doesn’t this process fall into the ” category of process “… “associated with criminal justice system” identified by the majority, as a missing aspect from the intent phase of the “two part test” used in Smith V.?
In short because state hadn’t necessitated a process associated with criminal justice system process made clear the non contemplated punitive intent in congress behind the Act. This fact, according to the majority in DOE, augmented the civil declaration in preamble.
That was Scalia making that point.

I would like to here when the first successful petition is granted that has a designation TBD. Thx

Janice what about the offenders that their tier assignment is TBD ? Does having a tier assignment TBD based on the risk level? I’ve been registering for 25 years my conviction code 220 pc and 261 (a) 2 and I have a COR on file . I’ve had that COR for 12 years and apparently , I can’t be removed unless I have a pardon . My tier assignment came back as TBD . Can I petition for removal come April of next year , which is my birthday month ? Moreover, I was convicted in 93’ and have no risk level score how would this petition work for me ? I’m sure there are more people out there in the same situation, please advice ma’am .

You have asked several important questions, Cancel Culture. Here are answers to those questions. First, the Tiered Registry Law does not prohibit a person whose tier has not been assigned to petition for removal from the registry. Therefore, I have decided to file petitions for individuals whose tiers have not yet been assigned IF I believe they are eligible. Second, it is not necessary to have a risk level score in order to file a petition. Third, the fact that you have been granted a certificate of rehabilitation (COR) will not be relevant unless and until there is a hearing about your petition. Finally, it is likely that your tier has not been assigned because you were convicted so long ago. Many people who were convicted long ago have received letters stating their tier has not yet been assigned.

May I ask a follow-up question? I have contacted my local sheriff’s department about this new form CJIS 8050. At first, they had no idea about this form, she was going to check with their main office, headquarters. Although she is not a supervisor or ranking member, the lady employee that handles 290 registration and renewal said that I had to wait one year, next time in July when I go to renew to get this form completed. Further, they would not issue now because it says TBD. I understand your explanation above. Nevertheless, I downloaded this form filled it out myself and they, sheriff’s office, still says that I have to wait one year or until my tier designation is determined. Any suggestion, try again?

I was convicted in Feb 1989 and my tier was assigned as tier 2. My birthday was August 2nd and i was contacted by the public defenders office “fresh start” program. I had already filled out the petition forms and make copies of every thing required, tier assignment, proof of registeration etc in triplicate. Thay said everything looks great and all the paperwork has been distributed to the sheriff, the DA and the court. Now I wait.

Awesome Trapped. Good Luck!

@janice . Thank you for answering my questions. I will contact you in 2022 come April regarding my petition should my TBD assignment remain the same by then . However, I’m hopeful for an assignment @ tier 2 otherwise and even then , I will be contacting you in April of 2022 😉 thank you

Tim I hate to say this but seems like many of you all are angry. Either over the penalty phase, this tier system, and many other factors that go along with this registry. Heck I never went to prison but I am still angry even with my probation. Sure we can all be angry but try not to sin, don’t let the angry go down upon you wrath. And by all means… Nothing worse than a woman scorned.

And I’ve even seen some women that could do some hurt’n on ya. Remember those “skid marks”.

I contacted the Long Beach public defenders office yesterday, they said their still in the process of training because the law was so new, to come back in 3 or 4 months, so I’m just gonna wait till my next birthday to file my petition.
Today I was driving north on the 710 freeway and I saw LAPD and the health department with a bulldozer tearing down and removing homeless encampments on the side of the freeway, as I was passing by I saw people hand cuffed being placed in back of a Paddy Wagon I thought to myself how many of them are sex offenders.

Good luck

I thought LE had 2 months to process petition and 1 month to give results? It

seems like they are not prepared is there anything we can do to as a result? A lot of

people are moving to be in a better county just to get the petition granted this is no

joke.

Probably zero sex offenders.

But a lot of scumbag cops.

Does amyone know any attorneys private or public that can help with the process in los angeles? I have been shopping for one and most are so random with prices. I have been qouted as low as 2500 to a high 15000. This is just insane. Anybody have any recommendations?

I have been in contact with this Lawyer in the Public Defender Office
Dylan Ford
Appellate Department
Los Angeles County Public Defender
590 Hall of Records
320 West Temple Street
Los Angeles, California 90012
Tel.: 213.974.2874
Fax: 213.626.3519
Email: dford@pubdef.lacounty.gov

Please call ACSOL for a recommendation at (818) 305-5984.

I called. Left a messege. No call back yet

ACSOL attempts to return calls within 24 hours. If that doesn’t happen, please call again at (818) 305-5984. Thank you.

Have not received a call but will try again. I got q call from a private who told me i was not eligible beacuse the ten years start after your probation ends. Is this true?

No. It’s from the date of release from custody. Contact you local Public Defender.

Have a 288a riverside county 1988, been given a tier 2 assigment. Question: where do I submit paperwork for removal. I have lived in san bernardino last 20 years. Do I petion Riv City or San Bernardino? ,,,,, Also, any results given for Riv DA Object removal application?

Check out the ACSOL training video at the top of the home page.

Petitions must be filed with the Superior Court in the county where you currently reside. After petition is filed, you must send copies to both the DA’s office and the local law enforcement office where you register. If you were convicted in a different county than where you currently reside, you must also send copies of your petition to the DA’s office in that county as well as the local law enforcement office where you formerly registered.

Thanx Janice very helpful any word how city of San Bernardino are riverside is treating these ?

I have not received any word yet from City of San Bernardino. Has anyone else?

Bump.

Just wanted to know how the process is after an additional 30 days have passed. Will there be another article on the update?

Thanks very much! Represent well, ACSOL!

Good Day All,

I filed my paparwork with the county of my conviction, not the current county where I reside, the local Police Dectective said they keep a file of the paperwork. The have no where to send and she doesnt understand why the make the 290’s jump through hoops to get the process completed. She said as long as I file in the courrent county and local Police station where I register than the process will proceed as normal. I live in Los Angeles couty and my crime happened in San bernardino county. Good luck to everyone as I filed 2 weeks ago.

Curious that I was assigned to Tier 3 by the DOJ based on 664/288(a) and 664/288.2(B). Sentence was 5 years probation, and received record clearance with no other offences. I believe that the DOJ just looked at this as a straight 288.
My question is can I petition the court to put me in a lower tier? Any comments are appreciated.

I thought it was possible to change a tier assignment if the offense was a wobbler as in 311.11a. I have a friend who was charged with felony 311.11a but only given 6 months in county jail (served 3 months of that sentence and was released on 5 years probation). He was put into Tier 3 and his lawyer is trying to get it changed to Tier 1. He was convicted in early 2018 so has been on the registry for nearly 5 years already. It seems like there is a lot of confusion about tier re-assignment. He was never in trouble with the law before, served all probation requirements, did everything asked of him with no infractions, etc. etc. And above all, did not serve state prison time, but only county jail. I have asked this question several times on this forum in various other areas, and gotten confusing or conflicting information about 311.11a tier assignment. Can Janice clarify on this point? Thanks!

Fight On – My opinion, and I emphasize opinion, is that PC311.11a is wobbler and therefore can be charged as a misdemeanor or a felony. Your friend would need to get the felony reduced to a misdemeanor via 17b first. If the judge grants the reduction, it should be a misdemeanor and fall into Tier 1. The judge can deny the request, though, as it is not automatic like an expungement. As a felony, it is Tier 3. He will have to get it reduced to a misdemeanor first, though. Just because it is a wobbler does not mean it will be Tier 1. It will actually have to become a misdemeanor first. Again, this is my understanding and take on it.

Janice won’t likely answer this question as it requires looking at the case. Your friend should directly contact a lawyer specializing in these kind of cases.

You also keep saying convicted in 2018 but been on the registry for 5 years. 2018 makes it 3 years. Your friend shouldn’t have been required to register until post conviction.

The year in which you are convicted makes no difference under the Tiered Registry Law. Instead, what counts is the year in which you were released from custody. Even if your friend was released from custody in 2018, that is only 3 years, not 5 years.

Janice, isn’t “released from custody” the date you were convicted when granted probation, even if it includes however long you may have spent in county jail?

Never mind on my question. Looks like the law has been changed to have the waiting period be tolled during the periods of incarceration.

So the waiting period seems to be X period of time (10 or 20 years for Tier 1 and Tier 2) from the date of the conviction + however long your incarceration was. So if you’re tier 1 and you were sentenced to 90 days of country time and released after 45 days, you have to wait 10 years + 45 days. If you were then later for some reason required to do additional time, you then add that additional time to the previous total.

I was granted probation and required to do 90 days in county via weekends + 300 community service hours. I did 45 days (half time). So my tier 1 waiting period is 10 years + 45 days. I then had my sentence modified to convert my community hours into more jail time which was another 24 days. So my final total is 10 years + 45 days + 24 days.

If I have this wrong, please let me know.

Hi Janice, thanks for your response. I think my main question about tier re-assignment is regarding some of your comments stating that no lawyer at this point in time can get a tier reduction (i.e. the 17b motion), unless their client fits into several rather specific categories, one of them being 20 years on the registry. Certainly my friend hasn’t been on the registry 20 years, but his public defender has filed a 17b motion to reduce from felony to misdemeanor. He has given my friend some measure of hope that perhaps this can be done, although my friend is aware that this isn’t automatic by any means. So I guess I’m wondering why this public defender is bothering with a 17b motion for a client who doesn’t fit into any of the categories that you discussed in your post (I think it was the post where you were cautioning against people paying corrupt lawyers a lot of money who were making empty promises about 17b reduction). I presume that anyone you have been successful with a 17b motion has, indeed, been a person who fit into the categories you described? You mentioned two petition cases in San Diego you were successful with, but were those 17b’s?

According to penal code, 311.11 is a wobbler:

311.11.  

(a) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.

Source:

A felony 311.11 is categorized into Tier 3. A misdemeanor 311.11 is categorized into Tier 1.

Currently, your friend is convicted of a felony 311.11 and is in tier 3. The only way to change the tier is to change the conviction charge from a felony to a misdemeanor charge. Your friend can reduce the charge via 17B Felony Reduction petition, often it can be applied for after probation term is done.

Can you shorten your probation term? Yes, it is called early termination. One can petition for this if they have paid all of their dues, completed all necessary courses, and have nothing negative withstanding (check with a lawyer for actual details). If your friend was given a 5-year probation term that began in 2018, then your friend is about half-way or more than half-way completed the probationary term. Provided your friend has sufficed all those conditions, then your friend’s lawyer can petition for early termination. And while he is petitioning for early termination, the lawyer can also petition for a 17B.

A 17B is at the discretion of the court, and can be helped if probation recommends it.

.

@FightOn,

Just because the penal code says it is a wobbler, can be a misdemeanor or felony, does not mean it is automatically a misdemeanor. If the charge is classified as a felony and one does not go to state prison, then it can qualify to be a wobbler. It means there is a pathway to reduce it via 17B. But it is not guaranteed one can earn a 17B, or at least earn it right away.

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