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ACSOL Conference Oct 1, 2022 

California

CA: Contra Costa County Grants Registrant’s Petition

Source: ACSOL

Contra Costa County granted yesterday a petition filed on behalf of a registrant convicted of PC 288(a) in 1986.  This is the second known petition granted by Contra Costa county so far.  The first petition granted in Contra Costa county took place on December 2, 2021, for a different registrant convicted of the same offense.  In both cases, the District Attorney did not object to the petitions.

“Many courts in California are granting petitions filed by or on behalf of eligible registrants,” stated ACSOL Executive Director Janice Bellucci.  “This is encouraging and should provide registrants with an incentive to either file their own petitions or to hire an attorney to do so on their behalf.”

Bellucci has successfully represented six registrants in three different counties (Los Angeles, San Francisco and Contra Costa).  In each of those cases, the registrant’s petition was granted and they are no longer required to register.

“The biggest obstacle so far is the failure of the California Department of Justice (CA DOJ) to assign registrants a tier,” stated Bellucci.  “Without a tier assignment, most District Attorneys are recommending that courts deny petitions.”

The Tiered Registry Law provides CA DOJ with an additional 48 months to assign the tiers of registrants.  The deadline for all tier assignments is January 1, 2023.

In addition to these counties, it is reported that San Diego county has granted 69 petitions and denied 11 petitions thusfar.  Of the 11 denied petitions, 4 petitions were denied because the registrant was ineligible to petition.  A total of 143 petitions have been filed in San Diego county.  The petitions not yet granted or denied are still pending.

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