Source: ACSOL
In the first known case involving a contested petition, California Placer County Superior Court granted the petition of a registrant convicted of PC 288(a) who had registered for more than 25 years. The Placer County District Attorney asked the court to deny the petition in order to significantly enhance public safety.
In this case, the court ruled that the DA’s office “failed to meet their burden that the community safety would be significantly enhanced by the petitioner’s continued registration.” The court went on to explain that its decision to grant the petition “in no way minimizes the gravity of the underlying offense.”
In the decision, the court stated that it recognized the “significant and successful efforts toward rehabilitation” demonstrated by the registrant for more than 25 years. The court also stated that it was persuaded by the registrant’s “completion of therapy and counseling, his maintenance of sobriety and service in the AA community, his own letter to the court and acceptance of responsibility. Further, the court noted the importance of a recent report from a PhD psychologist stating that the registrant had a low risk of re-offense.
“We applaud the court’s wise decision in this case,” stated ACSOL Executive Director Janice Bellucci, who represented the registrant. “It’s important to emphasize that the registrant in this case completed counseling, led a law-abiding life and practiced sobriety for more than 25 years.”
It has been reported that a second case involving a contested petition is to be heard in San Diego county later this month. The results of that case will be reported as soon as available.
Fantastic news! Glad some judges are calling DA’s out on trying to rubber-stamp their way to a padded “win” record.
Congratulations Janice! I hope that this case and (many) more like them, will help to set a precedent for future cases! Thank God for you Chance and ACSOL
Hmmmm. Maybe I should file my complaint in Placer County….. That is where I was convicted even. hmmmmm.
I congratulate the person and am glad for them but I have to say, it must be nice, actually commit the crime tier 2 and get off the registry, but attempt that same offense using the internet you are on for for life.
Wow, this is Fking UNBELIEVABLE NOW. max sentence 5 years 4 months for fighting for my rights when most [people get probation and little work project and now tier 3 for life for attempt and and now this shit, from the same county even. Like I stated congrats to dude but man….
May there be many DA failures to meet the burden for many Registrants who seek to be free from the system’s over bloated Registry.
I hear Sen Hawley now chastising the Judge in this case as being soft on registrants with their judicial philosophy and should be recalled from the bench while the DA looks to use this as a point (“I tried”) in their favor during election time despite losing overall. Maybe the DA needs to look at the entire picture as did new SCOTUS Associate Justice Jackson (and other Fed judges do) and consider it before being a sheep or lemming in the system.
This person was statistically 8 years beyond any sort of data point last recorded for those who are recorded for dangerousness at 25 years when 17 years is the last data point time.
Wonderful news!! I applaud the judge for having the courage to push back against the blanket (and blank!) public safety trope presented by the D.A.
It doesn’t hurt that the petitioner had a very knowledgeable and well regarded attorney! 😁👍🏻
Congrats! Superb. Best wishes! As noted, I obtained a COR over 1 year ago (I’m sharing if anything helps others). I had a 243.4a that was reduced pursuant to 17b/later expunged and I obtained a COR in LA. I was advised by my counsel to admit guilt and apologize! The DA can deny of you blame others. I’ve been off the registry for over a year- obtained a new passport and I’ve had no delays/questions when re-entering the US/unlike before. I fought to re-obtain my medical license-granted and it legally became official today August 8th. I’m still in shock! Good luck and God bless all of you! Note: Janice, had you not answered the phone and spoke to me over 18 months ago, I’m 110% sure I would still be an undetermined, still registering, still fighting and unlicensed and unable to visit a dying relative! That’s Golden! So, thank you!
This is obviously excellent news!
But, the ex-registrant shouldn’t have had to jump through all those hoops, and there should be 100s more of these (including mine)!
Well I have to congratulate California and its government in seeing their error. Even the recognition is a home run. Sure I knew it was going to be tough out in California. Lets face it the crime ratio is bad enough. Much of this sex registry is a bit dicey if you ask me or many others in much of this court system of sex registry law. I guess I could congradulate Janice but remember she is only a public servant that strives to correct. Even a DA has to be corrected at times. Talk about probable cause of over inflating.
Seems the DA wanted to be Elected or corrected . Wonder if Alice Cooper would agree with that one.
I will say this. The Board was very professional and kind. I was really thinking they might come at my harsher! If you have an expunged offense and get off the registry, take advantage of Ca AB 2138! I have an excellent attorney. I’m my instance, I had a license/had a legal issue and lost my license. With AB 2138, it applies to ex offenders who never had a license! Good luck .
OC – has anyone submitted anything via OC? Just curious
I am also a 290 from Wash when release they didn’t have a standard qualifications to see what level of a crime to register for life . I did 5years with treatment in side and out. I now live in San Diego California waiting for to be on a tier status. I think it’s unfair that you don’t get a chance to defend yourself to be denied due process.
My case is not like this person but I had to speaker up.
D, I once knew a guy who had relatives in LA. He used their address as a primary address and used his OC address as a secondary. The guy told his relatives he was applying for a job in LA and they might do a background check? Nobody visited. He was later awarded a COR in LA and nobody (police/DA/or the Judge ever asked?). My friend simply updated his CDL online and later went on with his life. LA is a very liberal city hint hint. He might still be on the registry otherwise 😳
Hey Janice, can you please give me the name of the psychologist as I would like to see if I can get an evaluation by them? Thanks…
Wow! Intriguing. I’m surprised you guys are still discussing 17b’s and pc 1203.4? I mean, you guys had 2-3 years prior to this law going in practice to do something? File a COR? I read these same discussions years ago? Think out of the box? What can you do now?
That is ridiculous.
The registrant submitting all that “evidence” was like going for Certificate of Rehabilitation and should not be necessary under the tiered law.
Either the DA can show how and why the public safety is enhanced by the individual continuing to register or they can’t…and that should be the end of it.
This (registrants having to PROVE what wonderful people they have been for the past X number of years) as any kind of precedent does not bode well for registrants seeking relief under the requirements of the tiered law.
Michael, I’m not sure what you mean, but I’m sure there a packet outlining what’s required when submitting to get off the registry via the new tier law! I might suggest changing your views, be a little more humble and don’t go in there with a victim mentality! I had to jump through hoops to get off via my COR! I’m now free, working in healthcare and lucky. How hard would it be to write a letter to the court to address your mistakes, apologize and convey what you have done with your life since this has occurred? When the DA spoke to my counsel, the 1st thing he did was convey how he liked my letter/I bit the bullet/most people per him blamed their actions on drugs? Alcohol? Ex wife’s? Or, maybe include a Family photo? I wouldn’t grant your request if you had an attitude, put a poorly put together packet and showed up in jeans and a t-shirt! Pretend your applying for college and want make a good impression? I have 5 degrees, lost a professional license as a result of my plea and it was disgusting! Be humble, be kind and these DA’s and Judges can read people and your not going to get off with that attitude! I’m in a good place today, about to re-take my boards and I learned a lot. I’ve filed a 17b, pc 1203.4, pc 858.1 and granted a COR! It wasn’t easy. Good luck. Lastly, discussing 17b’s is important. It should reduce your tiers. Yet, the 1203.4 should clear your record, but not remove you from the registry. Move on
how do I go about starting the paperwork for the petition
I’m one of those person who don’t have a risk assessment yet I file my petition to bed removed but the. Public Defender told me no.. Cause P.C. section 261 is a level 3 status. I argued then They should have had me as a high risk offenders also so now I m Boing to ask a federal judge for a stay and proceed on.. ( Its times like this is wish some one could help me start a Bradly Case against the District Attorney s office. )
I know im not giving a Fμ©|< any more in done contributing to the cause that suppose to help us.. Can someone just be HONEST and help me pro bono.. It only takes one minuet to look at the person’s character who did this to me. N that will show a pattern of dishonesty, and proff of beyond a reasonable doubt. That I. Innocent. The same Origination the helps sex offenders believe it the laws knows there wrong and WONT help to fix the problem e.g. to help write an abstract of judgement. To proof only one conviction which I believe can get me off the web I’m a liar and the same dishonest government can say this and that and EVERYONE BELIVES THEM WHEN EVERYONE K NO OW ITS WRONG UNLESS MONEY INVOLVED PEOPLE WHO CAN Afford Representation IS DOOM ON TEIR THREE. WHEN THEY NEVER HAD A RISK Assessment. I HATE VENTING IM JUST UPSET AND FRUSTRATED IVE BEEN DOING THIS FOR 39 YEARS raised a family have sol n physical custody have not had any CV violence or dangerous behavior since being relied from prison in 1984…
People v. Thai (G060963) ___ Cal.App.5th ___
This week, the Court of Appeal published a case explaining the nature of the inquiry that must take place when the prosecution argues for continued registration in this context.
In People v. Thai (G060963) ___ Cal.App.5th ___, the court found the trial court erred in denying the defendant’s petition for termination of his registration requirement. The court accepted the prosecutor’s argument that the tier two defendant’s termination after 23 years would result in safety concerns for the community.
The court’s ruling was focused on the facts of the offense, which the prosecutor had argued were egregious. But the appellate court found the facts of the offense alone do not establish that the defendant was a risk to the community 23 years later. The original offense was a lewd act committed on a 12 year-old victim. The prosecution presented no evidence of prior offenses, and no evidence that defendant refused to complete counseling. Defendant’s comments to the probation officer demonstrated remorse and willingness to participate in a treatment program. The attorney general faulted the defendant for not providing any evidence that defendant completed a treatment program or a current risk assessment. But it was the prosecution’s burden to establish that defendant was a current risk and it could have sought an assessment.
The new law will likely result in many petitions seeking termination from the registry. This case makes clear that a prosecutor seeking to block the termination can’t rely on the facts relating to the original offense, and must make a more thorough showing focusing on current facts relating to dangerousness.
Terminating Sex Offender Registration
By Pat Ford
Effective January 1st, 2021, Senate Bill 384 restructured the sex offender registration requirements, establishing three tiers of registration, primarily based on the offense of conviction, for periods of at least 10 years (tier one), 20 years (tier two) or life (tier three). (See Penal Code section 290(d).)
Section 290.5(a)-(c) provides the procedure for a person to seek termination from the sex-offender registry if the person has completed the mandated minimum period. Once the termination request is made, the prosecution may seek a hearing and present evidence to establish that community safety would be enhanced by continued registration. (Section 290.5 (a)(2)(3).)