Appellate Court Reverses Denial of Petition (Good News!)

Source: ACSOL The Second Appellate District Court today issued a decision reversing a trial judge’s decision to deny a petition filed on behalf of a California person required to register.  As a result of this decision, the trial court judge must grant that petition which will in turn terminate the person’s requirement to register. “Today’s decision is the third appellate court decision reversing a trial court judge’s decision to deny a petition,” stated ACSOL Executive Director Janice Bellucci.  “In all three decisions, the appellate court found that the District Attorney…

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CA: Appellate Court Overturns Trial Court’s Denial of Petition

Source: ACSOL The Second District Court of Appeals has issued a decision that overturns a decision by a Los Angeles Superior Court judge denying a registrant’s petition for removal from the registry.  According to today’s appellate court decision, the trial judge’s decision was improper because the District Attorney failed to prove that the registrant poses a current danger to public safety. “This decision is very important because it upholds a prior appellate court decision, People v. Thai, which ruled that the burden of proof is upon the District Attorney, not…

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TX: Here’s how certain Texas sex offenders are getting their information taken off the registry

Source: news4sanantonio.com 11/20/23 For certain Texas sex offenders, a lifetime on the sex offender registry may not always be a lifetime. A little known law that has been around for more than a decade allows certain offenders to have their information removed from the list. While some believe the state statute negatively impacts public safety, others, including licensed sex offender treatment provider, Bruce Cameron, believe the law improves public safety. “I have guys that have told me, ‘Hey, doing prison was easy. Being on the registry – that’s a life…

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ID: Idaho federal judge declined to dismiss six convicted sex offenders’ challenge

Source: courthousenews.com 7/3/23 BOISE, Idaho — An Idaho federal judge declined to dismiss six convicted sex offenders’ challenge to a state law allegedly unfairly applied to them even though they were convicted prior to the enactment of portions of the law. The offenders would have been eligible to petition for removal from the sex offender registry after 10 years, but amendments retroactively subjected them to lifetime registration. The individuals have plausibly alleged the law is punitive in effect as it significantly restricts where they may legally live and work. Read…

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CA Court Ends Frank Lindsay’s Requirement to Register

A court in California has ended Frank Lindsay’s requirement to register by granting his petition for removal from the registry.  A copy of the court order issued in San Luis Obispo County was sent today by email to attorney Janice Bellucci.   Frank Lindsay was convicted of a single sex offense in 1979.  He had no prior or subsequent convictions of any kind yet he was required to register for more than 40 years. Frank Lindsay is author of the book, “We’re All in This Together,” which describes his life both…

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CA: CASOMB Reports Increases on Petitions Filed and Granted

Source: ACSOL The California Sex Offender Management Board (CASOMB) held its monthly meeting today and during that meeting it was reported that the number of filed petitions for removal from the registry has increased to a total of 5,582.  Of that total, state courts have granted 4,050 petitions and denied 85 petitions.  There are 1,532 petitions that have been filed but are waiting for a court’s decision. “The number of petitions filed has increased by 881 as compared to January 2023,” stated ACSOL Executive Director Janice Bellucci.  “While this number…

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UT: Utah Governor signs bill H.B. 139 to allow some lifetime offenders to petition the courts for registry removal

Source: le.utah.gov 3/14/23 Utah Governor signed bill H.B. 139 to allow lifetime-offenders, convicted in another jurisdiction, the ability to Petition the Courts to be removed from the registry after living in the State for two consecutive years (at least 183 per years), with the intent of primarily residing in Utah, and meeting other conditions. This is available 20 years after release from confinement, or if no confinement from sentencing – as long as you have no class A mis., felony, or capital felony in the last 20 years. There is…

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Superior Court Judge Grants Petition Despite DA Objection

Source: ACSOL An El Dorado County Superior Court judge today granted a petition for removal from the registry despite an objection from the District Attorney (DA).  According to the brief filed by the DA, the registrant’s continued registration would significantly enhance community safety.  The DA based his objection upon the facts of the original offense that took place in 2005 and ignored the registrant’s rehabilitation that included being a successful business owner and participating in a stable relationship ending in marriage. In making her decision, the judge stated today that…

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CA: Number of CA Registrants Continues to Drop Although at Slower Than Expected Rate

Source: ACSOL The Tiered Registry Law was passed by the California state legislature and signed into law by the Governor in 2017.  That law became effective more than four years later in January 2021.  An integral part of the Tiered Registry Law is the ability of some, but not all, registrants to petition for removal from the registry starting on July 1, 2022. According to a report made today by the California Department of Justice (CA DOJ) during a monthly meeting of the California Sex Offender Management Board (CASOMB), the…

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CA Petitions Filed, Granted and Denied

Source: ACSOL The total number of petitions filed during the first year was 2,798 according to the California Department of Justice (CA DOJ).  Of that total, 1,442 petitions have been granted and only 30 petitions have been denied.  The remaining number of petitions are pending. The CA DOJ has reported that 1,306 of these petitions filed were filed by or on behalf of individuals assigned to Tier 1, the lowest tier. Of that total, 665 petitions were granted and 10 petitions were denied. The CA DOJ has also reported that…

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CA: Two More Registrants Gain Freedom When Petitions Granted

Source: ACSOL Two registrants are no longer required to register today due to petitions granted in two different counties — San Luis Obispo and Stanislaus.  In the San Luis Obispo county case, the registrant was convicted of PC 288(a) and assigned to Tier 2.  Prior to petitioning for removal, he registered for more than 30 years.  In the Stanislaus county case, the registrant was convicted of PC 647.6 and assigned to Tier 1.  Prior to petitioning for removal, he registered for more than 10 years. “California courts are continuing to…

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Number of CA Registrants Continues to Decrease Slowly

Source: ACSOL The number of individuals required to register in California continues to decrease slowly, in large part due to implementation of the Tiered Registry Law.  According to a report from the California Department of Justice (CA DOJ) made during today’s meeting of the California Sex Offender Management Board (CASOMB), the total number of California registrants is 107,925 which is a reduction of 615 individuals as compared to three months earlier.  Of that total, CA DOJ reported that there are 19,176 individuals who are currently in violation for failure to…

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CA: Court Grants Contested Tiered Registry Petition

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…

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CA: Contra Costa County Grants Registrant’s Petition

Source: ACSOL Contra Costa County granted yesterday a petition filed on behalf of a registrant convicted of PC 288(a) in 1986.  This is the second known petition granted by Contra Costa county so far.  The first petition granted in Contra Costa county took place on December 2, 2021, for a different registrant convicted of the same offense.  In both cases, the District Attorney did not object to the petitions. “Many courts in California are granting petitions filed by or on behalf of eligible registrants,” stated ACSOL Executive Director Janice Bellucci. …

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CA: Californians can petition to be removed from the sex offender registry

Source: abc10.com 9/4/21 In 1947, California was the first state to create a sex offender registry. Until July 2021, anyone convicted of being a sex offender in the state had to register for life with no exceptions. Now, for the first time, offenders can petition to be removed from the list. Tami Martin is the legislative director of Equality California, a LGBTQ civil rights organization that helped sponsor the legislation altering the sex offender registry. “The registry, I’m sure you know, has catastrophic consequences for people who are on it.…

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CA: District Attorney to push 85% of cases to next year [potential petition delays]

[thesungazette.com – 11/18/20] VISALIA – Prosecutors are hard to come by in Tulare County nowadays, and the work is beginning to pile up. … Coming down the pike are petitions asking to change an offenders sex registration status. For decades those convicted of sex crimes with a minor were forced to register as a sex offender for life. Beginning Jan. 1, 2021 convicted adults will be handed a tier of 10 years, 20 years or life on the sex registration list. And which tier a person falls into will be…

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VA: It’s Time to Reduce, Reconstruct, Reclassify, Rethink and Reform the Virginia Sex Offender Registry

[restoringintegritytovirginiaregistry.blogspot.com] Virginia Bill HB144- Patroned by Delegate Mark Cole Would Allow RSO’s Convicted of a Misdemeanor to Petition for Removal from the VSP Registry After 7 Years Instead Having to Wait 15 Years A Bill has just posted in LIS (see below) and I am just dumbstruck. It’s a positive Bill that would only help a small percentage of Virginia RSO’s, but it actually helps instead of hurts and that’s why I’m shocked at the moment. I have no idea where this proposal came from as I have not been…

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