CA: Tiered Registry Law Now Effective
If you are on the California registry and would like more information, visit ACSOL
The Tiered Registry Law (formerly Senate Bill 384), passed by the California state legislature four years ago, is now effective. Some of its provisions, however, will not begin until July 1, 2021. The most important of those provisions is the petitioning process for removal from the registry.
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It appears that the tiers will be determined by the offense and not by an empirically validated risk assessment.
Does anyone know where we stand in Florida with the Ex Post Facto violation argument with respect to the registry?
Not sure when the last time you were on the site but here is the latest from FAC, at least that I have seen on here. This is from late Decemeber:
https://floridaactioncommittee.org/motion-to-alter-or-amend-filed-in-ex-post-facto-plus-case/
Correct – this was filed and then the State asked for an extension of time to respond last week.
https://floridaactioncommittee.org/motion-to-alter-or-amend-filed-in-ex-post-facto-plus-case/
This is the relief I was granted Aug 1991
Under California Penal Code 1203.4 PC, an expungement is a petition that a defendant in a criminal case can bring at the conclusion of probation. The petition asks the court to allow the defendant to withdraw any plea of guilty or no contest, to reenter a plea of not guilty, and to dismiss the case. If granted, the expungement releases an individual from the negative consequences of a conviction.
You can say the law is “in effect” but it remains to be seen if the law is actually “effective.”
After all, if you’re fortunate enough to be given a Tier 1 classification, you don’t automatically come off the registry; instead, you must petition the court for removal after a set period of tim has passed. This means there’s no guarantee judges won’t “err on the side of caution.”
Derek, it depends…..Some Jurisdictions do not have ‘Judges’ per se…they have a 3 member Panel of Non-Elected Officials to ‘JUDGE YOU’
In my case, I am a Tier One and can Opt out after 10 Years which is coming up very SOON….In this particular case, NO ONE HAS ever petitioned for Removal from the Registry here, they are running like mad to ‘figure it out’…WE shall Soon find out….It will cost me probably about $10K in legal fees after it is all said and done….Even the Attorneys DO NOT HAVE A CLUE how to go about this one, I am helping them!
FYI San Diego Public Defender’s office are helping Tier 1& 2 with a program called Fresh Start and I’m sure it’s not just San Diego County so don’t spend money just yet.