CA: Tiered Registry Bill Introduced!!!
Janice’s Journal: Tiered Registry Bill Could Help More Than 90 Percent of Registrants
It has happened at last! A tiered registry bill has been introduced in the state legislature.
Before looking at the substance of the bill (Senate Bill 695), it is important to look at those who are offering and supporting it. The bill’s authors are two powerful members of the state Senate — Senator Ricardo Lara, who chairs the Appropriations Committee and Holly Mitchell, who chairs the Budget Committee. The bill’s sponsor is the most powerful district attorney in California, Jackie Lacey of Los Angeles. And the initial supporters of the bill are law enforcement organizations who wield significant power in the state capital.
It is important to note that the sources of this strong level of political support have not always been our allies in the past. For example, we remember clearly when Senator Lara voted in favor of a bill we opposed (Senate Bill 267). We also remember that law enforcement led the charge to defeat two previous tiered registry bills.
Therefore, it was with a sense of skepticism and concern that we analyzed the tiered registry bill that was introduced yesterday. Could a bill with such a pedigree actually help those on the registry today? The answer is a resounding yes.
While not perfect, this tiered registry bill could provide relief for more than 90 percent of those on the registry today. The bill would automatically terminate the requirement to register for more than 10,000 individuals convicted prior to 1987. In addition, the bill would make more than 90 percent of today’s registrants eligible to petition for removal from the tiered registry after 10 or 20 years provided they don’t re-offend.
The imperfections in the tiered registry bill must be addressed. For example, the bill requires Tier 3 registrants to remain on the registry for a lifetime. This requirement is not supported by empirical evidence which clearly establishes that a registrant in the community who has not re-offended in 17 years is very unlikely to re-offend.
In addition, we believe the bill provides district attorneys with too much discretion when they object to a petition. The bill also treats those who offend as juveniles the same as those who offend as adults. Further, the bill increases the tier level of an individual based solely upon risk factors that adversely impact young gay men and others.
We will address these and other imperfections as an advocacy organization, however, we need your help to obtain a tiered registry that helps as many registrants as possible. Please send letters now to members of the Senate Public Safety Committee.
Will this help in the state of Florida
No, it will not – the bill will only impact California.
However, when other states try something that works, it is a very good influence on other states.
I have been studying CA Having been born there. There sex laws date to 1947. Most registrants with crimes dating pre 1987 are in bad shape, homeless or dead. CA is sick of paying for social services and extra policing. The courts will be jammed with registrants petitioning to get off the list. Best of luck to our friend in CA lobbying for us all. JEV
My crime was in california 20 years ago. But i live in florida now. It will it still affect me?
no – only registrants in california
but i was told by an attorney that if this tier registry passes i can be removed from it in california therefore i will no longer need to register anywhere i live because the state in which my crime was committed will have removed it.
If an attorney told you that. Get it in writing, because we do not know that to be the case. There are plenty of people who were removed from the registry in their home states who are still on the Florida registry – even if they no longer live in Florida.
Probably because they havent tried to be removed by submitting the proper documentation.
I am in the same boat with ya and was told the same thing by an attorney. I had a crime out in California about 22 years ago level one awaiting the tired registry as well. Im curious to see how it all pans out. We need some serious prayers as of right now due to the lead author of the bill sb 695 for the tiered registry appears to be backing out. I hope and pray that another assembly man steps up to the plate!!
what do you mean by backing out and who is backing out? Do you have an email so we can communicate in private?
It is a bit of a step in the right direction. However I won’t be happy until they realize that whether there is a registry or not it won’t prevent anything.
I am not a legal expert but what I have heard is that if you go to a state (such as FL) that has lifetime registration (or different registration rules than the one where you were removed) you are required to report to the FDLE (or the office in the area where you are) if your crime is one that is on the books as a sex offense in FL. From what I understand the law is worded in a way that indicates if you have ever committed that crime (not whether you are on the registry elsewhere). I have heard horror stories where a person comes to FL for a vacation (not on the books in their state) but ends up on FL registry. I guess they will never know you are here in theory unless you get detained or otherwise checked by LE and they see your background check?
I have spoken to RSOs from all over the country and most say once you are removed in your state you need to stay put in that state. It is abhorrent but from what I can tell it is factual.
Also, a personal note….I know there are many competent lawyers out there that are well versed in RSOs laws… but there are just as many that THINK they are and really they aren’t….always be careful. Also, remember a lawyer can advise you and attempt to protect you but they interpret the laws only….you would need something directly from a judge or something of that nature…
My son registered in FL 5 years ago while on a short vacation and has been stuck on the FL registry ever since, which populates the natonal sites. He is NOT required to be on a public registry in his home state. The FDLE (Florida Dept of Law Enforcement) told me they have 10,000 Out of State registrants, and the number is growing as naive vacationers properly register. Florida counts on that. They also do not remove RSOs who move out of state. The FL registry is allowed to be grossly inaccurate due to the vague wording of the law. The FDLE said if I didn’t like it, I could complain to the legislators. I suspect the deliberate loophole in interpretaion is tied to the amount of funding the state receives for having the 3d largest sex offender registry in the country. Most states try to maintain an accurate registry. Not Florida. It has become big business and a money maker for the state. There is no integrity.
Please provide his contact information to legal@floridaactioncommittee.org we have a small group preparing a lawsuit to challenge that RIGHT NOW!