The Criminal Law Advisory Committee of the the Judicial Council of California has prepared and released four draft forms to be used when the petitioning process of the Tiered Registry Law becomes effective in July 2021. Comments regarding the draft forms is due to the Committee no later than June 9, 2020.
The four draft forms include: Petition to Terminate Sex Offender Registration (CR-415), Acknowledgment of Receipt by Law Enforcement/District Attorney (CR-416), Response by District Attorney to Petition (CR-417) and Order on Petition (CR-418). In addition, the Council has prepared an information sheet with instructions regarding how to file a petition (CR-415INFO). A link to all of the forms is provided below.
“It is encouraging that the Committee is seeking comments from the public regarding its draft forms,” stated ACSOL Executive Director Janice Bellucci.
The draft petition form (CR-415) consists of three pages with a total of 10 questions. Most of the questions in the draft petition form require the petitioner to check a box or to provide a short answer such as the name of the county in which the petitioner is currently registered. The petition also requires petitioners to provide proof of current registration.
In addition to completing the petition form, registrants will be required to file the petition in the Superior Court where they reside as well as provide copies of the petition to law enforcement and the district attorney in the county where they reside and/or the county in which they were convicted if different.
Two of the three remaining forms are to be completed by law enforcement and/or the district attorney. The fourth form is to be completed by the judge who reviews the petition. Judges may grant a petition without a hearing if the district attorney does not object to it.
According to the draft forms, a district attorney may object to a petition for the following reasons: (1) community safety would be significantly enhanced by the petitioner’s continued registration, (2) petitioner has not met the minimum time period for registration and (3) petitioner has been assigned to Tier 3 and does not fall under the risk level exception. The draft form also allows a district attorney to choose “other” as the reason to object to a petition. If the district attorney objects to a petition, a hearing before a judge will be held.
Regardless of whether the district attorney objects to a petition, a Superior Court judge will make the final decision regarding whether a petition is granted. If the petition is granted, a person is no longer required to register in the state of California. According to the draft form, a judge may deny a petition for three reasons: petitioner has not met the minimum time period for registration, petitioner has been assigned to Tier 3 and does not fall under the risk level exception or community safety would be significantly enhanced by the petitioner’s continued registration.
“ACSOL will prepare and send comments regarding the draft forms to the Criminal Law Advisory Committee,” stated Bellucci. “If an individual wants his or her comments to be considered as part of ACSOL’s comments, those comments should be sent to ACSOL no later than June 1.” Comments regarding the draft forms may be provided to ACSOL by email at service@all4consolaws.org or by U.S. mail to 1215 K Street, 17th Floor, Sacramento, CA 95814.
Comments may also be sent directly to the Criminal Law Advisory Committee on the Judicial Council website at www.courts.ca.gov/policyadmin-invitationstocomment.htm or by mail to 455 Golden Gate Avenue, San Francisco, CA 94102-3688. The Committee has requested that individuals comment on the proposed form using the comment form provided below.
Downloads:
Petition Forms – Comment Form – April 2020 [MS Word]
Petition Forms – Draft – April 2020 [PDF]
Hilarious. DNA database? What’s your point? Then, we have people citing case law? Why? What good will this do? You write a 20 paragraph comment citing case law? Your not a lawyer? This isn’t a court room? I only hear you guys complain? Moan? Nobody takes accountability. I noted one guy was on the registry for 32 years? Why didn’t you get your charged reduced to a misdemeanor and expunged? You guys are living in a dream world. You can cite all the cases you want, but I think Jax stated it. Jax & Lawyerone hit it on the nail! Get a job, hire an attorney and do something
Oh, I filed my own 17B, pc 1203.4 and a pc 851.8! Granted. I filed my own motions and argued my case. Granted! I filed my own COR in OC, not realizing things are different! I came close. I just filed a COR in LA County where I hope it will bring closure! It’s interesting how everyone has the need to post case law and pretend it wasn’t them! I was guilty as sin! Yet, I found 3 items during my case 20 something years ago which resulted in all charges being dismissed! I came close. I will finally complete this long process this year. As a wise one once stated, the race isn’t won by the swiftest or fastest, but the one who keeps running. Nobody is that bright on this site. How many have you done what I’ve done without counsel? I came so close with my COR! I’ll win in LA! Good luck
USA ~ Do you know if you can file for a 17b again if it was denied at the time of the 1203.4, which was granted? Or is it a one time try that is final if the judge granted the 1203.4 but not the 17b?
Wow! That’s a good question. I understand the question. Reducing your plea is advantageous (for all intense purposes means it’s a misdemeanor). I don’t know. I suggest contacting an attorney or public defenders office. I have no clue!! Your wanting a 17b would be advantageous
😮 big Yawn to USA. So, Pro Se doesn’t work unless it was USA filing. Of course his actions were just boilerplate standard actions. Old wise one you. Talk about people getting jobs and doing something, shit my life beats coming on here to bash every person that I disagree with. You have talked BS to EVERY person on here. The only reason I come on here any more is to hear any kind of news. USA has made the site useless and practically unbearable hearing his attacks over and over again.
Jealousy can ruin some people. Being a hypocrite can ruin some people. Being manipulative or not sticking to the point can ruin some people. Having control issues can ruin some people. Citing case law and giving legal advice with a HS education can ruin others. New Person, I have no clue. It sounds like (from what I’ve read) you can’t, but I’m no attorney. The 17B restores your rights to own a gun etc, but I suggest you contact an attorney or your public defenders office. Good luck
Well stated. New Person, don’t quote me, but I think those who register must (or are allowed) to file a COR until December? I believe the new tiered law affects our ability to file a COR. Check this out stat. I don’t own a firearm, but the 17b allows us to do so. I’ve thought about purchasing one with everything going on. I believe you simply find the gun you want to purchase and they will do a background check.