Are you eligible for relief from the duty to register as a sex offender? As a result of Senate Bill 384, effective January 1, 2021, California implemented a three-tiered system to classify offenders under the Sex Offender Registration Act (PC §§290–290.024).
This changes the types of offenders as well as the procedures for deciding which offenders appear on Megan’s Law website.
TIER ONE
Tier one convictions require registration for 10 years from the date of registration. This tier covers the following offenses: Tier one level crimes include: PC §243.4 (sexual battery as a misdemeanor), PC §243.4 (sexual battery as a felony if the victim is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, and if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse), PC §266(c) (inducing sex by fraud), PC §286 (sodomy as a misdemeanor with or without a minor), PC §266 (enticing a child into a house of prostitution), PC §286 (sodomy in some felony cases where there is no force with or without a minor), PC §288a (oral copulation as a misdemeanor with or without a minor), PC §288a (oral copulation in some felony cases where there is no force with or without a minor), PC §288.4 (arranging to meet with a minor for lewd purposes as a misdemeanor), PC §289 (acts of penetration with a foreign object as a misdemeanor and in some felony cases, specifically, subsections c, f, g, h i of PC §289), PC §311.1 and 311.11 (child pornography as a misdemeanor), PC §314 (indecent exposure), and PC §647.6 (annoying a child as a first offense).
TIER TWO
Tier two convictions require registration for 20 years from the date of registration. This tier cover the following offenses: PC §285 (incest), PC §261 (rape when the victim is at least 18 and is incapable of giving consent due to a mental disorder or developmental or physical disability), PC §286 (sodomy when the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent), PC §286 (sodomy with a minor under 14 years of age and more than 10 years younger than the defendant and there is no force), PC §288 (lewd acts with a minor under 14), PC §288a (oral copulation when the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent), PC §288a (oral copulation with a minor under 14 years of age and more than 10 years younger than the defendant and there is no force), PC §288.3 (contacting a minor with intent to commit a felony when committed with the intent to commit a violation of subdivision (b) of PC §286, subdivision (b) of PC §288a, or subdivision (h) or (i) of PC §289), PC §289 (acts of penetration with a foreign object when the victim is incapable of giving consent due to a mental disorder or developmental of physical disability), PC §289 (acts of penetration with a foreign object when the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, or when the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent), and PC §647.6 (annoying a child as a second or subsequent offense).
TIER THREE
Tier three convictions require lifetime registration. These offenses are eligible for review under PC §290.5(b)(3) after 20 years of continuous registration. Tier three registrants are eligible to petition if the petitioner “has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense” requiring registration. Further, “[t]he court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the person’s current risk of sexual or violent reoffense, including the person’s risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known.” If a tier-three petition is rejected by the court, the petitioner cannot apply for relief again for three years.
HOW DO YOU OBTAIN RELIEF?
The bill, written by State Senator Scott Wiener of San Francisco, changes the period of registration from lifetime to 10, 20 or lifetime depending on the offenses and conduct thereafter. The goal of the bill is to improve public safety in the following ways:
- Focus local law enforcement resources on serious criminals.
- Allow local law enforcement to target those most likely to offend again.
To obtain relief, ask the office in which you register for your “Registrant Tier Level Designation” and Proof of Current Registration. This comes in a packet from the Department of Justice. The registrant will sign and date the last page. Next, registrant will file a CR-415 Petition Terminate Sex Offender Registration (PC §290.5).
Within 60 days of receipt, the supervising law enforcement agency will report to the court and district attorney whether the petitioner meets the requirements. An extension of time for this assessment may be granted, if circumstances require. Once the report is is received, the district attorney may request a hearing on the petition if the PC §290(e) requirements have not been met, or if community safety would be significantly enhanced by the person’s continued registration PC §290.5(a)(2). If the district attorney initiates a hearing, it is allowed to present evidence for the court to consider under PC §290.5(a)(3).
In the case of a Tier 2 10-year exception or a Tier 3 risk-level petition, a community safety hearing is required. At this hearing, the court will review the facts of your case, conduct before and after the conviction, and current risk of re-offense.
If the district attorney does not request a hearing, and all eligibility criteria are met, the court must grant the petition for termination.
The information provided herein does not constitute legal advice, nor is it a substitute for your own legal research. If you have questions, Wentworth Law Firm offers free consultations.