The Tiered Registry Committee of the California Sex Offender Management Board (CASOMB) met today in order to continue its discussions of proposed changes to the Tiered Registry Law. During that meeting, the committee decided to delay consideration regarding the creation of an off-ramp for those assigned to Tier 3 for an indefinite period of time. The committee’s decision is expected to be approved by CASOMB during its next meeting on Nov. 16. In prior meetings, both the committee and CASOMB initially discussed the creation of an off-ramp that would allow…
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CASOMB Recommends Tier Reductions!
The California Sex Offender Management Board (CASOMB) today approved two tier reductions that would benefit thousands of individuals convicted of either felony possession of child pornography or lewd or lascivious acts with a person 14 or 15 years old. CASOMB is expected to share the news of its approvals with the state legislature later this calendar year. The changes will not become law, however, until the legislature passes a bill that includes CASOMB’s approvals. Specifically, CASOMB today approved the reduction from Tier 3, the highest tier, to Tier 1, the…
Read MoreCA: Terminating Sex Offender Registration
Source: California Attorneys For Criminal Justice By Pat Ford, Esq. Effective January 1st, 2021, Senate Bill 384 restructured the sex offender registration requirements, establishing three tiers of registration, primarily based on the offense of conviction, for periods of at least 10 years (tier one), 20 years (tier two) or life (tier three). (See Penal Code section 290(d).) Section 290.5(a)-(c) provides the procedure for a person to seek termination from the sex-offender registry if the person has completed the mandated minimum period. Once the termination request is made, the prosecution…
Read MoreCA Registrants Lacking Tier Assignment Can Get Help
During this week’s meeting of the CA Sex Offender Management Board, it was announced that any person who currently lacks a tier assignment can obtain information about their tier assignment or lack of a tier assignment from the CA Department of Justice. According to that announcement, registrants seeking this information should send an email to the CA Department of Justice to this address: SB384@doj.ca.gov
Read MoreACSOL Presents to CASOMB Proposed Changes to CA Tiered Registry Law
ACSOL made a presentation today to the CA Sex Offender Management Board regarding proposed changes to the CA Tiered Registry Law. The presentation included seven proposed changes and was made by ACSOL Executive Director Janice Bellucci. The proposed changes are (1) reduce from Tier 3 to Tier 1 individuals convicted of a non-production felony child pornography offense, (2) clarify that courts may consider a petition for removal from the registry even if the individual does not have a tier assignment, (3) reduce from Tier 3 to Tier 2 individuals convicted…
Read MoreACSOL Files Lawsuit Due to CA DOJ Failure to Provide Tier Assignments
ACSOL filed a lawsuit in Sacramento Superior Court today alleging that the California Department of Justice (CA DOJ) has failed to provide tier assignments to thousands of California registrants and thus violated a state law that required all registrants to receive a tier assignment by December 31, 2022. As a result of the agency’s failure, there are thousands of registrants who are being prohibited from petitioning for removal from the registry. According to the lawsuit, CA DOJ failed to provide tier assignments to 12,438 registrants as of November 2022. This…
Read MoreCA: Appellate Court Rejects Challenge to Tiered Registry Law
Source: ACSOL The Third District Court of Appeals has rejected a challenge to the Tiered Registry Law that, if granted, would have reassigned individuals convicted of Penal Code Section 288(c) from Tier 3 to Tier 2. According to the court’s decision, individuals convicted of Penal Code Section 288(c) are not similarly situated to individuals convicted of Penal Code Section 288(a) who are assigned to Tier 2. In the challenge, attorney Jill Klein argued that individuals convicted of both offenses were based on the same type of conduct and therefore the…
Read MoreNew CA Tiered Registry Lawsuit Filed in L.A. Superior Court
Source: ACSOL A lawsuit was filed in Los Angeles Superior Court on June 16 challenging a provision of the California Tiered Registry Law. Specifically, a registrant is challenging his assignment to Tier 3 based upon his conviction for violating Penal Code Section 288(c)(1). According to the lawsuit, the registrant’s tier assignment violates the equal protection clause of the state constitution. The lawsuit requests that the court prohibit the California Department of Justice from assigning individuals convicted of Section 288(c)(1) to Tier 3. After his original conviction of a felony violation…
Read MoreCA: 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…
Read MoreSan Francisco Court Grants Registrant’s Petition
Source: ACSOL San Francisco Superior Court today granted a petition filed on behalf of a registrant who was assigned to Tier 1. Local law enforcement determined that the registrant was eligible to petition and the District Attorney did not object to the petition. The registrant was represented in court by ACSOL Executive Director Janice Bellucci. “Another person has escaped the bondage of the registry,” stated Bellucci. “We must continue to file petitions in order to maximize the number of people who are released from the registry.’ After a court grants…
Read MoreJanice’s Journal: Uneven Results in Beginning of Petitioning Process
[ACSOL] The petitioning process under the Tiered Registry Law has begun. A quick look at the first 60 days of the process shows uneven results. The best news is that two petitions have already been granted. Both petitions were filed in San Diego County and both petitions did not trigger an objection from the county’s District Attorney. The good news is that court personnel and other government officials at most locations are trying to help registrants who file their own petitions as well as attorneys who file petitions for their…
Read MoreACSOL Training for CA Tiered Registry Petitions Video Replay Is Now Available
Prior to viewing the training, it is recommended that you review the forms below, including the petition form as well as the forms to be completed by the District Attorney offices as well as judges: DA Reply – July 2021 Petition – Instructions – July 2021 Petition – July 2021 Proof of Service – July 2021 Court Order – July 2021
Read MoreChallenge Grant Offered to Challenge CA Tiered Registry Law
A challenge grant in the amount of $2,000 has been offered for the purpose of challenging California’s new tiered registry law. Specifically, the funds are to be used to help create an “off-ramp” so that individuals assigned to Tier 3 would be eligible to petition for removal provided they are not convicted of a subsequent sex offense. The Tiered Registry Law currently requires anyone assigned to Tier 3 to continue registration for life. Matching funds can be sent to ACSOL either using the “Donate” button on the home page of…
Read MoreJanice’s Journal: Independence for Some, Continued Registration for Others
There are two significant dates about to converge in a few days. Both offer independence to some, but not all. The first of the two dates is July 1 when some registrants in California will be able to petition for the first time their removal from the registry. The size of this group will expand during the next 12 months when eligible registrants celebrate their birthdays. That is because otherwise eligible registrants must wait until their first birthday on or after July 1 in order to submit their petitions. There…
Read MoreACSOL Leaders to Host Training on July 8 for CA Tiered Registry Petitions — to be rescheduled —
Latest update on 7/19/21: Rescheduled for 7/29/21 Updated with meeting details June 21, 2021 ACSOL leaders Chance Oberstein and Janice Bellucci will conduct a training session for California registrants, family members and supporters regarding the petitioning process under the Tiered Registry Law. The session will be held on Thursday, July 8, starting at 1:30 p.m. Pacific Time. The session will be recorded and available later on the ACSOL website. “We look forward to sharing information with registrants and others regarding the petitioning process available under the Tiered Registry Law,”…
Read MoreJanice’s Journal: Waiting for the Other Shoe to Drop
[4/29/21 Updated with link (see end of post)] As we approach the end of April 2021, we are waiting for the “other shoe” to drop. In fact, we are waiting for two shoes to drop. The larger shoe comes in the form of SORNA regulations proposed by the federal government nine months ago. The regulations, if finalized, would result in great uncertainty for more than 950,000 registrants and their families. That is because the regulations would require registrants to meet new federal requirements, such as the disclosure of all internet…
Read MoreJanice’s Journal: We’ve Got Your Back
The Alliance for Constitutional Sex Offense Laws (ACSOL) was created about 10 years ago to protect registrants and their families from a constant and continual assault of new laws that added additional challenges to daily life. The challenges included restrictions on where a registrant could visit, where a registrant could live and whether a registrant could celebrate Halloween. During this 10-year period, ACSOL and its foundation has filed more than 100 lawsuits which have resulted in the repeal or non-enforcement of every presence restriction and residency restriction for registrants who…
Read MoreCA: Lawsuit Challenges Tiered Registry Law Provision
[ACSOL] A lawsuit has been filed challenging a provision of the California Tiered Registry Law that assigns individuals convicted of similar offenses to two different tiers. Specifically, the law assigns individuals convicted of Penal Code 288(a) to Tier 2, which requires a minimum of 20 years registration, and yet assigns individuals convicted of Penal Code 288(c) to Tier 3, which requires lifetime registration. “The only difference between these two offenses is the age of the victim,” stated ACSOL Executive Director Janice Bellucci. “And the current language of the law punishes…
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