A tiered registry bill, which would end the state’s lifetime registry, has been introduced in the state Assembly. The Public Safety Committee will conduct a public hearing on the bill (AB 702) on April 16 in Sacramento.
If passed, the bill would create three tiers in which some registrants would be removed from the registry after 10 or 20 years. The language in the bill is similar to AB 625 which was defeated in 2012.
“Passage of a tiered registry bill is the highest priority of California RSOL and the 100,000 families it represents,” stated Janice Bellucci, President of CA RSOL. “A tiered registry bill will make more efficient use of law enforcement resources by focusing solely upon those who pose a current danger to society.”
California is 1 of only 4 states in the nation that has a lifetime requirement for all sex offenders to register regardless of the severity of the offense. The remaining 46 states have tiered registries which allow some registrants to be removed from the registry in 10 to 25 years.
“In order to get this bill passed, every registrant and his/her family members need to be heard in Sacramento,” stated Frank Lindsay, Treasurer of CA RSOL.
CA RSOL recommends that letters be written, calls be made and E-mails be sent to the elected officials who represent registrants. A list of Assembly members and their contact information can be found online at www.assembly.ca.gov. A sample letter and talking points are below.
Reasons to Support AB 702
- In a time of declining budgets (state, county and city), a tiered registry would increase public safety and make more efficient use of available additional law enforcement and prison resources to protect the public from those who pose a current threat to society
- The registry includes many individuals who pose little threat to society such as those convicted of the non-violent crimes of “sexting” on a cell phone, urinating in public, and engaging in consensual teen sex.
- The registry also includes individuals who pose significant threat to society such as those convicted of multiple sexual assaults against children and adults.
- Most registered citizens will not re-offend. The recidivism rate for registrants is extremely low, only 1.9 percent for those on parole, according to the CA Department of Corrections and Rehabilitation.
- Tiered registries exist in 46 of the nation’s 50 states and successfully protect the citizens of those states
- California is only 1 of 4 states with lifetime registries along with Alabama, South Carolina and Florida.
- AB 702 is a moderate example of a tiered registry now existing in the 46 states.
- A tiered registry would end a life-time sentence for registrants who do not currently pose harm to society
- Registrants often lose their jobs solely because they are registrants and remain unemployed for the same reason.
- Some registrants lose housing opportunities and become homeless solely because they are registered. For example, Section 8 housing is not available to individuals listed on a lifetime registry.
- Some registrants are physically harmed, even murdered, by vigilantes.
- All individuals required to register under Penal Code Section 290 would remain on the registry for at least 10 years
- Those convicted of lowest level of offenses could leave registry in 10 years
- Those convicted of moderate offenses could leave registry in 20 years
- A tiered registry would continue life-time registration for those who pose a significant harm to society
Sample Letter
Dear Assembly Member:
The purpose of this letter is to request your support for Assembly Bill 702 (AB 702), which would increase public safety and improve the effectiveness of law enforcement by eliminating individuals from the sex offender registry who no longer pose a public risk. Those individuals include people who had consensual sex while a teenager, sent a “sext message” to a loved one and/or urinated in public.
The current sex offender registry law in California is outdated and ineffective because it treats all persons convicted of a sexual offenses exactly the same. In addition, California is 1 of only 4 states in the country which requires lifetime sex offender registration regardless of the nature of the offense or the offender’s risk of re-offending.
The current sex offender registry law is an ineffective method of combating sexual re-offending. Further, itignores the fact that paroled sex offenders carry 1.9 percent rate of re-offense, according to a California Department of Corrections and Rehabilitation report issued in October 2012. A tiered registry, similar to that proposed in AB 702, is recommended by the California Sex Offender Management Board (CASOMB), which is comprised of state experts on this topic.
California’s current budget challenges demand a fiscally responsible change to our social policy designed to prevent sexual assault. It has simply become illogical, irrational, and cost-prohibitive to expend our limited critical resources by treating all sex offenders the same.
By supporting AB 702, you will increase public safety and improve the effectiveness of law enforcement thereby protecting Californians from repeated sexual assault. Thank you.
Letter in text format for customization: Letter-AB702-April2013 (should open in MS Word)
Oh boy. I can’t keep up with the comments. The bottom line is that the Tier System will allow people to eventually get off the Registry. Furthermore, maybe someone should go over how to reduce a wobbler to a misdemeanor pursuant to 17(B) and then expunge the crime pc (1203.4). I actually did this on my own. So, for all intense purposes, I’ve never been convicted of a Felony regarding the law. If you have some intelligence, you can do this quite simply without a lawyer.
Janice, et al:
In 1999, I pled to one count of a wobbler 288(something) – it was “Lewd/Lacivious Act with person 14/15 years old”. I then successfully had it reduced to a misdemeanor 12 years later. That is the only offense on my record – period!
This may be a stupid question, but here it goes. In the bill, where they talk about Tier 1 requirements: “(C) “Violent felony” means a felony described in subdivision
line 18 (c) of Section 667.5.”
What if you had one conviction of a “wobbler” under 288 and then successfully had it reduced to a misdemeanor like I did. Is this offense still considered a “violent” offense? Or, by means of the reduction to a misdemeanor, is my offense no longer a violent offense? And, therefore, am I qualified for Tier 1 assuming I satisfy requirements B, C and D?
By the way, regardless of what this does for ME, I am in full support of this bill…any relief for any person is better than NONE!
Great question G4. I’m wondering the same thing. In essence, once 17(B) is granted, by all intense purposes, you have never been convicted of a Felony
I will be at the capital next week lending my support for the lobbying effort. I was convicted of an offense committed when I was 13 years old. I’ve been living like a broken refugee for nearly 10 years now. I’ve had enough. Not just for myself, but for all ex-offenders who made a mistake and deserve a chance at life, especially the juveniles. When I meet with these legislators and tell them my story, I stand for all of the children who ruthlessly being prosecuted by fanatical DA’s and caught in the dragnet of fear and hypocrisy. It’s time for change. I will fight this until the day I die. These legislators need to look us in the eye and see face-to-face the people whose lives they are destroying. Perhaps if they peer into our eyes, they will see our souls and thereby the most frightening and horrifying image they could possibly imagine – perhaps they will see a mere reflection of themselves!
“…we’ve cast such a broad net that we’re catching a lot of juveniles
who did something stupid or different types of offenders who just screwed up. Should they never be given a chance to turn their lives around?” -Patty Wetterling
I was convicted of a 288 in 1989 , me 18 victim 13 no sex no foece no voilence, was given 3 years probatiuon and 6 mo weekns, was supposed to register for one year only per yerms of plea , then go bac court n charge would be dropped to a 243 sexuall battery. never the less i didnt complete probation was voilated 2 yrs latr sent to state prison 3 years . no other charges of any kind ever , do i quilify for relief under the tier system should it pass , been registering now for 22years?
I had my unfortunate incident that led to my designation as a RSO in another state. I didn’t serve a day in jail, never claimed guilt and have always maintained innocence. I got bad legal advice and took one of the infamous plea bargains. That was back in 1999.
So since this occurred in another state that I am no longer a resident in how would my situation (and all of those in similar circumstances) be dealt with now that we are registering in California?
So many questions…
The problem that I see, is just getting this bill passed THIS YEAR! In spite of close to a 2/3 democratic majority in BOTH HOUSES of the CA legislature, the fact that this bill was introduced late (two days before the deadline to introduce bills in FEB!), that it still has to go through an Appropriations Committee hearing (in EACH HOUSE!), and with the state budget taking priority (must be PASSED BY June 15!), and the legislators going on vacation, the ENTIRE MONTH OF JULY, it is unlikely this bill will make it through BOTH HOUSES of the CA legislature before its Sept. adjournment date! This is a bill that DOES NEED TO BE RUSHED, if its contents are to be implemented in 2014! What all can anyone on this list do to EXPEDITE passage of AB 702, given all the obstacles mentioned?
How can I be a part of this ? , I don’t live in California, but would love to support your efforts. Also are you aware of similar efforts being made in any other states?
Thank you Mrs Janice Belluci. For all your activism and your compassion. I plead no contest, given probation, no jail time, and subsequently my one 288 charge was reduced to a misdemeanor, and then dismissed. I am still registering after 21 years. I have never had any prior or any conviction ever since. I live an upright citizen, but in constant fear of losing my job (because I’ll never get another one) or my apartment manager finding out – even though I am an examplary employee and a perfect neighbor to everyone. I am a father and will never be able to go on any if my son’s field trips. I feel fear even taking him to a park or the beach for violating some laws I don’t know about. But most if all I want my son to be proud of me. I feel this life time requirement is the worst injustice of it all. I am sure I speak for many. Let’ s assume that I was really guilty, I feel the registration requirement is a second punishment, and for life! Even the policeman who registers me feels the same! He wonders why I have to register at all after all? THANK YOU again with my deepest appreciation for all you and your organization are doing for us and our families.
Ok, I guess this is it. I’m coming out of hiding tomorrow to tell the lawmakers how these laws are affecting good people who made a mistake and now deserve a chance at being the respectable adults that they have become. I will fight this as long as there is breath in my lungs. God be with us…
Just to be sure, I assume this new law will not mean compliance with the Walsh Act?
Just listened to hearing of AB 702..It PASSES Public Safety committee.
“California is only 1 of 4 states with lifetime registries along with Alabama, South Carolina and Florida.”
If for no other reason for abolishing lifetime registration, I would think that Calif would want to disassociate itself from these other 3 backward states.
Note: I believe the law once allowed most sexual offenses to be reduced to a misdemeanor pursuant to 17(B) and eventually expunged. I think it changed at one point and eventually only allowed certain convictions to be expunged.
My husband has been out of prison for 15 years without incident.
We recently purchased a home and moved to a new are and it all started over again with the flyers and phone calls and harassment and on and on and on….
After 15 years of working everyday and TRYING to live normal these people should be off of this list. It’s so very cruel. Trying to live a normal life is almost impossible.
Also, we were all set to open a new business and the owner of the building called me and said my husband wasn’t allowed in the building at all. They also took his fishing rights from him as we live near several lakes. He can’t even go fishing anymore.
He contemplated suicide. Can you imagine after all of these years going through this. I am sure some of you know exactly what I am talking about.
The newspaper here even did a blow out sensationalized article on him. This happened in 1980 33 years ago and one offense was 1984. He was sent to a mental hospital. As a patient I am surprised that the Feds can break their own laws by publicizing his disorder because of the HIPAA Laws the the Feds have passed.
For any of you that live in California, youtube has now uploaded all the sex offenders in the State to it. They are listed under sexoffense and it just happened a few days ago.
What are the laws about the listed on megans law site? How can people just take this information and use it how they want and harass and harass and harass? I am so lost on all of this. Is there no protection? The local law enforcement contacted him and we did some flyer advertising in the area to let people know out business was going to open. The Sheriff told him what he was doing wasn’t against the law but he needed to stop handing out flyers and said how would you feel if a Doggy Door Rapist came to your house? He didn’t even go to any homes. He put the flyers on fences. Only one flyer was handed to a lady and that all. I went one way on the street to hand them out and he went the other. The next day, the lady sent flyers to the schools which in return sent them home with all of the kids. She faxed every business in the area and every resident in the area got a flyer with false information on it. Way way false information. The law would not do anything about it at all. Yet they called him on the phone and said they are watching his every move and to stop handing out flyers.
Back to my point, after all of these years of being out of prison, there should be some solace and laws about harassing sex offenders. We were even told these hillbilly’s here have plans for my husband. Not sure what it means but I am sure it isn’t a welcome party. We get no help from anyone. The lawyer we went and talked to about this was just as bad, he said “what difference does it make his reputation is ruined anyway and to basically live with it”.
That’s the attitude people take and have.
I wish all of you luck and hope someone can contact us to help this situation.
Good people do bad things. When you are 20 years old you are a whole different person then when you are 55 like my husband is. He is terminal as well. Just rest we just want rest before he dies.
I would like to ask a question? I am in favor for a tier system to be in place. My conviction took place in 2008, it was a wobbler I pled guilty to a 288(a) I am currently on parole my Agent tells me that I am considered a low risk offender I originally served county time and received probation for five years would I be able to fall in the tier one or two. I Hope this bill helps everyone who has to register regardless of their crime. I am very curious to see if their is life after parole without registering for life. In the beginning my public defender advised me that it was a wobbler but didn’t really push for it like I thought he would. I would love to hear your responses
Dc, sorry to say, you would fall under Tier 2 as a 288(a) offense is considered a “violent felony”, as per California PC 667.5(c). But at least there’s some light at the end of the tunnel. If the bill passes, that is…