SB 384 and the Tier System of Sex Offender Registration

As of January 1, 2021, SB 384 has amended Penal Code section 290 to allow for a tiered system in which sex offender registrants will register either for 10 years, 20 years or life. This replaces the Draconian system in which any sex offense led to an automatic life-time sex offender registration.

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.

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.

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).

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.

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).