Source: ACSOL
The California Sex Offender Management Board (CASOMB) today listened to a lengthy, in-depth presentation regarding the Tiered Registry Law and its implementation. The presentation was delivered by attorneys Michele Kumaus of the San Diego Public Defenders Office and Ana Santiago of the San Diego District Attorneys Office.
According to the attorneys, a total of 143 petitions for removal from the registry have been filed on behalf of registrants in San Diego County. Of that total, 69 have been granted and 11 have been denied. The remaining petitions are still pending. Of the 11 petitions that have been denied, 4 were summarily denied because the individuals were not eligible and 7 were denied because continued registration was required in order to significantly enhance public safety.
“San Diego County is the best example of any county in its handling of petitions under the Tiered Registry Law,” stated ACSOL Executive Director Janice Bellucci. “The remaining 56 counties in California need to follow the model they have created.”
In addition to citing their petitioning record, the San Diego attorneys described challenges they are facing. The biggest challenge by far is the failure of the California Department of Justice to assign registrants to a tier. This failure has resulted in the denial of an individual’s petition. According to Kumaus, about 20 percent of the registrants her office is trying to assist have not had their tier assigned.
Also during today’s CASOMB monthly meeting, representatives from four state agencies provided reports regarding the state’s registrants. According to the California Department of Justice representative, the total number of registrants is 108,540 which is 185 fewer than last month. The representative also reported that 19,415 registrants are in violation which 64 fewer than last month.
According to the Department of Parole Operations representative, the total number of registrants who are on parole and thus are required to wear a GPS device is 7,197 which is 45 fewer than last month. The representative also reported that of that total, there are 3,612 registrants who are considered high risk.
A representative from the Department of State Hospitals reported that there are currently 927 registrants in Coalinga State Hospital. Of that total, 538 registrants are “fully committed” and the remaining registrants are hospitalized as “probable cause detainees.” In addition, there are 18 registrants who have been “conditionally released” from Coalinga State Hospital and an additional 14 registrants who have been approved for conditional release but who are waiting for placement in the community. Community placement takes an average of 305 days after approval, according to the representative.
Was there any reasoning given beyond “public safety” in San Diego?
They need to define what “continued registration was required in order to significantly enhance public safety” means. What constitutes significantly enhance, e.g. a measurement(s) other than time doing registration? Is it tied to continued probation/parole? This definition as given here sounds arbitrary. Is it in the meeting minutes or record?
TS, good question? My question is, why hasn’t the DOJ (they had years) put the individuals in their prospective tiers! Plus, if a charge was reduced Pursuant to 17b, it’s a misdemeanor! I’m off the registry, but I still follow the news. Good luck everyone. If I’m not mistaken, RSOL has sued the DOJ? Had I not received my COR, I would probably be a TBD and probably posted online! Thank you George Gascon!
“Continued registration was required in order to significantly enhance public safety” seems so vague. And proportionally, that’s a lot of people that they’re requiring for that reason.
Nobody at these meetings asks for proof that the registry increases public safety!
We hear this over and over and over again that ”we have to protect the public’ and yet no one asks ‘Where is there any evidence that the registry protects the public?’
Janice, now you are getting somewhere. You talk about this community safety. Even others talk about public safety. What is the definition ? Is preventing war in a court of law or community safety something to be rebuked . Public safety could be wearing your shoes while walking on glass, wearing a hard hat or even obeying the speed limit. Is community some safety factor such as avoiding strip bars or even licquor bars, or coming up with a Convid vaccine or some framework to prevent community safety. So is getting set up all about community safety. Their is some justice imbalance in much of this registry.
Hey wasn’t the invention of the computer a part of community safety or did it make someone a billionaire? Was using dope for community or public safety or the abuse of such. Talk about a government scam in many of these registry ordeals. Community safety is good if it is defined in a just way. So either one is just or unjust or do we all make mistakes?
I’m still floored by the idea that people who have their 1203.4 are still on the registry. To what degree has this been brought up during discussions regarding the tiered registry? To my knowledge, even the federal SORNA regulations (which CA has not adopted) let those of us with 1203.4 off. And SORNA is widely regarded as worse than what CA has implemented. It has never made sense to me that the government would essentially do away with a conviction and still keep me on the registry. At this point I’m registered for something that was dismissed 12 years ago. My 288a attempt (sting op) was not eligible for Cert of Rehabilitation in San Bernardino county even though people in LA were being granted them for the same PC. Stuck on this damn registry for 2 more years assuming they don’t pull the rug out from underneath me again. I’m sure many of you have the same experience. Any insight would be appreciated.
“continued registration was required in order to significantly enhance public safety”.
Citing “continued” registration as a (significant!) factor in enhancing public safety implies that there is a benefit to registration in the first place. This important benefit should be easy to quantify.
Exactly what is it, and if there is such a benefit to public safety, why are not all criminal convicts subject to it?
Instead of supporting and massaging a fundamentally flawed version of the s.o. only registry, or opposing additional guidelines to already existing laws that are unconstitutional, this is the basic question that I was hoping an organization like CARSOL / ACSOL would address.
Wow! This is amazing news! Congrats to the 69 individuals who have been removed from the registry! I’m wondering if the 11 have more then one conviction? Probation violations? Extensive criminal history? Does anyone know? It’s also sad that the DOJ has had 2-3 years to prepare for this new law and they still are unaware of what tier the individual falls into?? It’s not the DA’s or LE’s fault! I recommend everyone stop playing victim and address these issues with REAL solutions! You guys can quote laws, case studies and what not, but nothing will change unless a lawsuit is filed? Why hasn’t the DOJ assigned every individual in a timely fashion? Had I not obtained my COR, I would also be a TBD and probably on the Megan’s law website with these laws. I think it’s wonderful 69 people are off! Yet, does anyone have honest or accurate info on why the 11 remain? – not making assumptions! I would also like to knows does the DOJ have a timeline or requirement to complete these TBD by a certain time frame? Lastly, how will 17b’s and expungements affect tiers? Let’s stop feeding into negativity and get to real questions? If I where still on the registry and filing to get off, I would want to know how 17 b’s would be addressed and does the DOJ have a timeline for updating the registrants still on the TBD status! I’ve read some of the comments and you guys make zero sense!
Update: professional license: I lost a professional license within healthcare some years ago. – I was arrested for 5 serious felonies and plead to a sexual battery! Eventually, I obtained a 17b and later expungement. I attempted a COR in OC, shot down hard! Later, I contacted Miss JB and was told a story about a man who had a business in OC who later moved to LB! I got the idea. It’s not uncommon to register 2 addresses. Wink. I later went on to obtain a COR in LA prior to the tier law being instituted in 07/21! From there; I nervously re-applied for my license. I was informed just yesterday via the board that it’s been granted! I went from a convicted registerable felon to having a clean record and my life back! I think if your seeking a license or to be re-licensed, get off via the tier law and I believe you still can obtain a COR? The COR sends a strong message to licensing boards. Thank you Janice – if you hadn’t answered my call, I wouldn’t be free!
UPDATE: January 19, 2023:
Many thanks to Janice for an excellent Tiered Registry (Needs Revisions) presentation to the CASOMB Board this morning!! 👏🏻 👏🏻 👏🏻 👏🏻 👏🏻
I think CASOMB Board members listened and heard ….
And, hopefully, they will support the recommended revisions. 👍🏻 👍🏻 👍🏻