Source: ACSOL
The California Department of Justice (CA DOJ) will send notices to those convicted of an attempted offense regarding the lowering of their tier assignment, according to a message received from that agency. The notices will be mailed to the homes of those who are affected by this change.
CA DOJ sent an email message yesterday to an attorney who requested in June 2024 a new tier assignment for an individual convicted of an attempted offense. This request was made after a court issued a decision in March 2024 ordering CA DOJ to stop assigning individuals convicted of an attempted offense to the same tier as those convicted of a completed offense.
According to the email from CA DOJ, “sex offender registrants who are affected by the judgment will be notified through mail at the registrant’s address.” The email message did not include a statement regarding when the notices would be mailed.
“It is unfortunate that the California Department of Justice continues to delay its implementation of a court order requiring them to lower the tiers of those convicted of an attempted offense,” stated ACSOL Executive Director Janice Bellucci. “The agency’s delay will continue to block many individuals from filing a petition for removal from the registry.”
The original lawsuit regarding this issue was filed in Los Angeles County Superior Court on June 30, 2022. During the litigation, CA DOJ took the position that the Tiered Registry Law required individuals convicted of an attempted offense to be assigned to the same tier as those convicted of a completed offense. The court ultimately disagreed with that position and issued its decision on March 25, 2024.
More than five months later, CA DOJ has failed to comply with this court order. Further delays could result in new litigation.
We have seen over and over and over again that these people do not play by the rules! They are motivated by blind hatred. An incremental approach to this foolishness of sex offense registry simply gives it teeth. It gives it credibility when none should be granted! It is like playing footsy with the devil, in my opinion.
One does not pussyfoot around with cancer. One excises it! But having said that, I have to say that I think that Janice Bellucci is a fine and Noble warrior on our behalf. Thank you for doing what you do!
Thank you for doing this work! I look forward to reading this notice from the DOJ. I am not optimistic about my own case but we’ll see what they say.
This is excellent news!!
👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻
(At the same time, it is frustrating that many of the individuals affected by this action, may not see this information or receive the letter from California DOJ – I am skeptical that their efforts will be very wholehearted. And I know that many Registrants wish to simply avoid & ignore any reminder of their status.
Nonetheless, I remain hopeful that MANY current Registrants will soon successfully apply for removal from the California Registry. 👍🏻👍🏻👍🏻)
I know litigation and costing the gov’t large sums of money. What if one or more registrants with attempted crimes could have been relieved from the registry during this delay? Then that means they were wrongfully identified as registrants. There was a case where the registry was deemed punishment for a convict who wasn’t convicted of a sex crime. Technically, those with attempted convictions who could have been off the registry if the had DOJ promptly implemented the court’s decision. There could be a class action about the delayed justice!
Well, that’s just a hopeful thought, but it would be great to win a lawsuit that forces DOJ to expedite court orders in fear of losing millions.
What’s attempted is that like those sting operations?
The messed up part is people convicted of 288.2 are also attempted but unfortunately they will remain lifetime. it’s like two steps forward two steps back
Where can I see a list of PC codes that make up “intent crimes?”