Source: ACSOL
A committee of the California Sex Offender Management Board (CASOMB) met today to discuss proposed changes to the Tiered Registry Law. During that meeting, the committee confirmed their support for three of seven changes to the Tiered Registry Law proposed by ACSOL earlier this year.
First, the committee supports the reduction of some felony convictions for child pornography (CP) from Tier 3 to Tier 2. The reduction to Tier 2 would be limited to convictions for CP possession only and not include distribution or production of CP.
Second, the committee supports the reduction of convictions for PC 288(c)(1) from Tier 3 to Tier 2. The basis for this support is that convictions for PC 288(a), a similar offense with a younger victim, are currently assigned to Tier 2. One committee member added that the original language of the Tiered Registry Law did, in fact, assign convictions for PC 288(c)(1) to Tier 2, but that language was changed due to a political compromise.
Third, the committee supports creation of an off-ramp for those assigned to Tier 3 who have not re-offended after 30 years. This off-ramp would allow those assigned to Tier 3 to petition for removal from the registry.
The committee will next meet on June 15 following the full CASOMB meeting to discuss these changes further. The ultimate goal of the committee is to make recommendations to CASOMB that will, in turn, be shared with the state legislature.
During today’s meeting, ACSOL Executive Director Janice Bellucci was asked to provide information to the committee members. During her comments, she stated that the federal government views CP offenses in a different way than what is currently being considered. That is, the federal government distinguishes only between production and non-production offenses. The federal government assigns those convicted of a production CP offense to Tier 2 while those convicted of a non-production offense are assigned to Tier 1. The committee asked Bellucci to provide additional information regarding this topic before their meeting on June 15.
“We are encouraged that CASOMB has confirmed its support for 3 of the 7 changes proposed by ACSOL earlier this year,” stated Bellucci. “It is our understanding that CASOMB may later choose to support additional proposed changes in the future.”
How wonderful to hear, my chance to get off the registry was brushed aside in a political whim. Let’s hope this gets corrected quickly.
The main issue that I see for possession of CP going to tier 1 is that misdemeanor CP offenses are already on Tier 1. If they were to felony CP offenses to tier 1 there would be no difference between the two which I think would be a problem in the eyes of those presenting the change.
With that being said, we have no place in saying “No deal.” It is not up to us to accept it or not. Our side is bringing up issues to lower years and it technically is out of our hands in getting anyone to agree to it. Like many have said, we can bring as many facts as possible but people can still choose to ignore it.
@Janice, I am currently studying to be a paralegal and have access to LexisNexis for the rest of the school year. If you need anyone to do any research of cases, statutes, etc. dealing with CP to tier 1 let me know and I can write you an internal memo.
We need an AUTHOR!
good news, even though we ALL want the TReg abolished, piece by piece is coming, I mean…look at CASOMB’s side Janice EDUCATED and NOW they will consider an OFF RAMP for Tier 3 that was/currently IS L I F E T I M E, thirty years some of us have been past that and are R E A D Y !
move Wi to Cali, no more ankle recharges
Janice, I’m a little concerned. The previous time this was spoken about, CASOMB and our lobbying organization agreed that CP offenses (that didn’t involve production, coercion and trafficking) was tier 1, not tier 2. Here, what you’re saying is only possession is agreed to be moved to tier 2.
While any improvement is better than absolutely none at all, tier 2 (for only possession) is still illogical, unjust and unfair.
(While I’m not proud of what I may have done,) I was wrongly charged and convicted of distribution: the police task force had “vacuumed” files from my computer, without my knowledge, only to then turn around to accuse me of sending those files out on the internet. My lawyer performed a mis-character of justice by pushing me to take a deal for both charges (which ended up being the worst possible sentence anyways!), rather than rightly investigating the police’s behavior and trying to fight the more egregious and false charge of distribution. I would think the police did similar wrong to many and most of those who have CP offenses. They (police) are going to manipulate criminal cases to tack on more charges than just simple possession. Most of us CP’ers, then, would not be eligible for tier 2, because of this.
Well with 2024 presidential election coming up, the nominees, DeSantis, the governor out of Florida that is running for president….Let’s not elect him. He wants the death penalty for sex offenders in Florida… imagine if he becomes president…
What do we need to do to get the lawmaker to support this?
I read this article before, but I like the way it is written.I know I know, the registry is not deemed punishment. However the punitive consequences by not following all of the “administrative” rules should be a major red flag that the registry is indeed punishment. If I don’t renew my Price Club membership, I don’t go to jail, plus I don’t have to sign up for a Price Club Membership if I don’t want to. Huge difference. https://thehill.com/opinion/criminal-justice/376668-the-sex-offender-registry-vengeful-unconstitutional-and-due-for-full/
I would certainly encourage folks to sign up and listen in on the CASOMB Meetings. Very interesting & very informative if you want insight into the behind-the-scenes workings of California’s Sex Offender programs.
(NOTE: The Meetings usually begin with a lot of numbers, statistics, etc., but the more interesting stuff begins after the numbers run-through, so be patient.)
To those frustrated at CA’s Tiered Registry, please consider these number:
CASOMB Reports Increases on Petitions Filed and Granted
So what happens to those convicted of felony 3.11(a) who had it reduced to a misdemeanor? Are they tier 1 or tier 2? Also, is there any value in a COR anymore? About to hit the 6 year mark from conviction.
So I attended the 6/15 meeting via Zoom, Janice spoke at the end but was hard to hear her. This comment is for her? Janice did you speak to board members there to discuss how they were feeling about making non contact cp offenders Tier 1? Let us know please.
It would be really nice if there were provisions for people who were accused of crimes 20+ years ago but, because the statute of limitations never expires, was “convicted” many years later. I was forced to take a plea deal, like many others, because despite lack of evidence, the system favors the accuser. I got off parole in 2019 so I have to wait 20 years (38 years after allegedly starting a relationship with an underaged female).
Im married, recently finished my degree in ministry, and am normal person by social standards. Being on the registry protects nobody. It just creates a stigma that hassles my family and me.
It seems that only 290s with SVP status should still be on the registry. Let the rest of us who aren’t a threat live our lives without this ongoing prison sentence.
I really need help!
I’m losing my mind! In 2006 I pled no contest to a litany of concurrent charges, did very little time while we worked it out through the courts & did 3 years of probation. My attorney told me not to worry about the individual charges (even if I wasn’t guilty of one) because they all held the same conviction & sentence concurrently. She was extremely wrong about that. Come to find out, I pled no contest to a 311.4(c) production of pornography without the intent to distribute age 16+. There was no proof, nothing recovered, nor did I admit to this, but I took my legal advice erroneously.
This was a one time mistake in age, a one time event and the only alleged victim. I have NEVER been on Megan’s List and I have NEVER been in trouble again in the last 17 years! I was so excited for the new tier structure because I was so sure that I would be tier 1! I mean, no violence, no rape, solo alleged victim was 17yo, followed ALL the rules and a model citizen since!
Omg I could not have been more wrong! Jubilation turned to nightmare! Come to find out I am stuck on tier 3 with the most serious crimes and now my exemption from Megan’s List has been rescinded! After 17 years of rehabilitation with absolutely NO problems, I am now being punished by:
Please! Somebody tell me when this nightmare ends? This cannot be the original intent of this law? To punish a rehabilitated citizen who has already repaid his debt to society and been free of any charges what-so-ever for 17 years?
Can anyone please give me some insight on what I can do to change this scenario? Thank you so much for your time and consideration!