SB-384 California Three-Tier Sex Offender Registration Guide

The California Sex Offender Registry is a database of sex offenders. People who have been convicted of a sex crime offense in California are required to register their personal information. The law requires convicted sex offenders to comply. Otherwise, they will face severe criminal punishments under the new sex offender registration act.

California’s New Law For Sex Offenders

At the start of the year 2021, the California Sex Offender Registry Laws were updated. The reason for this is to create a more effective and efficient system to keep communities safe from sexual offenders.

Under the previous law, a local law enforcement agency doesn’t have access to real-time information about registered sex offenders. Instead, they rely on outdated paper records, which are often incomplete or inaccurate. This can provide misleading information to responding authorities.

As of the moment, here’s what we know was changed under California Law:

There will be a three-tiered punishment for a sex offender. The severity of the sentence will increase as the tier goes up. The tiering system relies on the severity of the convict’s sex offenses.

The court will only give a maximum sentence of lifelong registration to criminals who meet the tier three requirements. Other punishment includes 10 or 20 years of sex offender registration.

After serving your minimum sentence, you must file for a petition. It does not happen automatically.

Before the court may remove you from the sex offender list, you must first get their permission. The court will decide if the petitioner is qualified for removal from the registration list.

The Tiers

TIER 1

A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.

The lowest level of a sexual offense is categorized here. Most misdemeanor sex offenses are covered under this tier. These offenses are not considered serious or violent under California Law.

Tier one offenders are required by the law to register their information for ten years. Misdemeanor sexual battery, indecent exposure, and annoying a child are common examples of tier one sex offenses.

TIER 2

A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.

Tier two is a medium tier. This means that crimes categorized under this tier are more severe than tier one offenses. The law requires these convicts to register their information for a minimum of twenty years.

Certain sex crimes are covered in this tier. This tier includes offenses like lewd acts with children under 14, sodomy with minors between 14-17, and oral copulation with minors.

Other examples of tier two sexual offenses are human trafficking involving forced labor or prostitution, possession of child pornography, and sexual battery involving restraint.

The Petition

Once you have determined which Tier your offense falls into, you still have to petition the court to remove the registration requirement. Your petition should allege the prove the following:

1. Indicate that petitioner has met the requirements for termination under Penal Code section 290.5(a)(2), including proof of current registration;
2. that petitioner has no pending charges that could extend the time to complete the registration requirements of petitioner’s tier or change petitioner’s status; and that petitioner is not in custody and not on parole, probation, postconviction supervised release, or any other form of supervised release;
3. Identify petitioner’s tier designation and indicate whether petitioner has registered for the minimum number of years for that tier designation as required under Penal Code section 290(e); • If applicable, indicate whether petitioner has met the exceptions requirements outlined in Penal Code section 290.5(b); 1
4. Provide information on any previously filed and denied petitions so the served parties and the court are aware of any time restrictions on filing a subsequent petition under Penal Code section 290.5(a)(4) and (b)(2)–(3); and
5. State the agencies that the petition was served on and the method of service, to indicate compliance with the service requirements of Penal Code section 290.5(a)(2).

The new three tiers system is based on the severity of sex offenses. Crimes will be assigned to one tier depending on their nature, severity, and circumstances. Furthermore, the court will give extra punishment to repeat offenders.

Once you have completed your Minimum Registration Period, you must file a petition in court. You must wait until your first birthday after July 1, 2021 to be eligible. You must also not be under any form of supervision to qualify for removal.

When you file the petition, you must present proof of your current registration. The law enforcement office where you register can provide you with the documentation you need. You must also give a copy of the petition request. This document will come together with the proof of current registration.

You will need to submit this to your local law enforcement agency where you register. If you are also registered in a different county, you need to submit it in that county as well.

The law is new, and you can complicate the procedure. It’s easy to make a mistake this way. Because of this, it is best to speak with a criminal defense attorney before filing your petition.

TIER 3

Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B) The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C) The person was convicted of violating any of the following:
(i) Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 287, 288, or 289 or former Section 288a.
(ii) Section 207 or 209 with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a.
(iii) Section 220.
(iv) Subdivision (b) of Section 266h.
(v) Subdivision (b) of Section 266i.
(vi) Section 266j.
(vii) Section 267.
(viii) Section 269.
(ix) Subdivision (b) or (c) of Section 288.
(x) Section 288.2.
(xi) Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289.
(xii) Section 288.4.
(xiii) Section 288.5.
(xiv) Section 288.7.
(xv) Subdivision (c) of Section 653f.
(xvi) Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D) The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E) The person is a habitual sex offender pursuant to Section 667.71.
(F) The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G) The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H) The person is required to register pursuant to Section 290.004.
(I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L) The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
(M) The person was convicted of violating Section 264.1.
(N) The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 287 or former Section 288a.
(Q) The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.

People who commit serious felony sexual assaults which involve violence through force but do not result in the death of the victim, are considered tier three offenders. They are required to register for life.

The example given by California Law is attempted sexual assault. In addition, the law also covers continuous sexual abuse of young children, forced oral copulation on a restrained victim, and repeated assaults against minors. Sex trafficking also falls under this tier.

This tier also includes sex offenses that use force or threat. An example of this is gang rape where multiple perpetrators attacked the victim at once.

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Reporting Requirements under PC 290 In California

Penal Code 290 of the California Statutes makes it illegal for sex crimes offenders if they do not register their names. These people are required to update their information for a duration of time. Under the new California Sex Offenders Law, every convict’s legal duty is to update their information every year.

They will report their information to a local enforcement agency. The California Department of Justice oversees the compliance of registered sex offenders.

Moving

You must physically submit your new information to your local police department when you move. A convict needs to complete this within five working days of your move. Suppose you have more than one place where you stay. In that case, you must report all of your addresses to your local department.

In addition, if you have several addresses located in different cities, you must report the residential information to the relevant law enforcement agency of each location.

Furthermore, if you migrate outside of California, your new home state may have its law against sex offenders. You must comply with the new state’s sex offender’s law. For the same reason, you will also need to inform the local agencies of both states.

Suppose you do not live in California but work or go to school there and are a registered sex offender. In that case, you need to report your information to the local authorities.

Transients

If you are living as a transient, you must notify the local law enforcement agency in the region where you are located. This will need to happen within five working days of turning into a transient. You must also update the authority every thirty days of your status as a transient.

Suppose you moved to another place within five days following your original duty to register as a sex offender. In this case, you must report to the agency where you are physically present on the fifth working day.

For example, if you are convicted on a Monday and move to another place on Wednesday. In this case, you will need to report your information to the nearest police department within the Wednesday of the following week.

Suppose you decide to move to a different state. In that case, you will need to report your information to the state’s local agency. They might have their own sex offender law.

Sexually Violent Predators

California Sex Offender Laws have a special law for sexually violent predators. These offenders must update their information every ninety days. A convict who fails to follow this rule will face severe punishments from the law.

California law defines a “sexually violent predator” as a person who has been convicted of a serious sexual offense. They also have a proven severe mental health disorder. Because of these reasons, they are considered a hazard to the community.

Miscellaneous Provisions

The law also requires offenders to report to the local authority if they change their name. Convicts are required to submit their new personal information within five working days.

Also, some people with dropped charges still need to follow this regulation. Under the same law, previously convicted individuals are still required to update their information. This is only applicable if a charge is dropped due to insanity. It’s best to confirm with your lawyer if you are in a similar situation.

Being Enrolled Or Employed By A California College

Under the revised law, college students or employees must give their information to campus police. In addition to this regulation, they are also required to report their enrollment information to the local law enforcement agency.

Suppose they are going to leave the college or university. In that case, they need to report these changes to their local campus police. They also have to inform the local law enforcement agency about these changes.

Working With Or Supervising Children

Convicts who are accepted into a job need to inform their employer about their status. This is regardless of whether their employer is a person, a group, or a volunteer organization.

They must inform their employers, group, or volunteer organization about their status. These people need to submit this information within fourteen days of starting their new position.

There are also specific laws preventing convicts from applying to certain job positions. A convict who has been convicted of a crime against a child will not be allowed to work in a position that involves minors.

If hired in a public or private institution, the local agency will notify your employer about your status. This law is meant to protect children from potential sexual offenders.

What You Need To Know About California’s Megan’s Law And How It Works

The federal law passed Megan’s Law in all 50 states, including California. The court passed this law following the kidnapping, rape, and murder of a seven-year-old named Megan Kanka by a known sex offender.

This law requires current sex offenders to register their information with the local authority. They must provide personal details that will be made available to the public. This is to inform the community of the presence of a registered sex offender.

Currently, California has registered more than 90,000 people who committed a sexual offense. About 60,000 of these registered sex offenders have been released into California communities.

The law requires registered sex offenders to provide the following information:

The birth name and changed name

Online or social media accounts

Physical description

Current residential addresses

Place of employment

All registered sex offenders must update their personal information within five days after changing. It is punishable by law for registered sex offenders to fail to update their details on time. If convicted of this charge, they are sentenced to up to three years in prison. They are also punished with a $3000 fine.

Additionally, a second offense will lead them to eight years imprisonment. Furthermore, they are punished with a fine worth $5000.

Consequences When You Fail To Register In The Sex Offender’s Registry In California

Under the new law, convicted sex offenders are required to register in the registry. If they fail to update their information, they will face severe consequences. This is why they must keep up with all their registration deadlines.

Failure to update a sex offense registration can be a misdemeanor or felony offense in California.

A misdemeanor offense extends a convict’s minimum registration period. They will have an extra year for each conviction. For example, if you are in Tier 1, you will have a Minimum Registration Period of 10 years. But, if you failed to register twice, then two years is added to your minimum requirement. This means that you will need to serve a minimum of twelve years of registration.

If you incurred a felony offense, your minimum registration period would also extend. But it’s much longer than a misdemeanor offense. Convicted felons will receive an extra three years for every failure to comply.

In the same example, if you fail to comply twice, you will have an extra six years of the minimum registration period. This means that your new minimum registration period is sixteen years.

You Can Remove Your Name From The Sex Offender Registration List

While it is possible to be removed from this list, certain conditions need to be met. If you were an offender who has served their sentence and has not committed any other crimes since then, your name may be removed.

There are other ways to get off the list as well. For example, if you can show that your crime was not sexually motivated or that you have been rehabilitated, you may be able to have your name removed.

It is unlikely that someone with an active case against them will have their name removed. But, if the case has been resolved and there are no outstanding warrants for your arrest, it is possible to petition the court to remove your name from the list.

The judge has some discretion when deciding what course of action would be most appropriate. They will consider factors such as the severity of the crime, how long ago it was committed, and whether or not the offender has been rehabilitated.

Does SB 145 Affect Registration Requirements?

Before Senate Bill 145 was enacted into law, the following sexual acts were considered sexual offenses:

Sodomy

Oral copulation of a child

Penetration by a foreign object

However, California judges have certain limitations with the current law in effect. For example, suppose the defendant is no more than ten years older than the victim. In that case, they are not required to register as a sexual offender. Moreover, suppose the child victim is at least fourteen years old. In that case, the defendant is also not required to register as a sexual offender.