tier assignments california

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California Tiered Registry Law Now Effective [UPDATED 1/5/21]

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.

“The first step to take in the petitioning process is to go to the law enforcement office where you register and ask for your Tier Assignment letter,” stated ACSOL Executive Director Janice Bellucci.  “According to the CA Department of Justice, tier assignment letters will not be sent to registrants, however, they will be available to law enforcement only on a government database.”

Because eligibility for the petitioning process is based upon the tier to which an individual is assigned, an individual’s Tier Assignment letter is critical.  Each letter should state whether an individual convicted as an adult has been assigned to Tier 1, which requires a minimum of 10 years of registration, Tier 2, which requires a minimum of 20 years or registration or Tier 3, which requires lifetime registration.  Tier assignments can be challenged.

“If a registrant requests a Tier Assignment letter and that request is denied, the registrant can and should contact ACSOL for assistance,” stated Bellucci.  “Assistance will be available by phone at (818) 305-5984 or by email at [email protected] (***updated e-mail address – Jan 13***) .”

Below this article are links to documents that answer basic questions regarding the Tiered Registry Law, in general, and the petitioning process, in particular.  Please note that individuals must wait until the month of their birthday after July 1, 2021, to petition for removal from the registry.  As a result, individuals whose birthdays are in January, February, March, April, May and June cannot submit a petition until the month of their birthday in 2022.  If they do so, their petitions will be rejected.

“Most registrants will be able to complete their own petition forms,” stated ACSOL President Chance Oberstein.  “Soon after the final government petition forms are available, ACSOL will conduct training regarding how to complete a petition form.  Individuals who have suffered one or more convictions in addition to a conviction for a sex offense may require legal assistance.”

In a newly issued document, the California Department of Justice (CA DOJ) has announced several clarifications regarding the Tiered Registry Law: (1) tier assignments will not be posted on the Megan’s Law website, (2) a risk score such as a STATIC-99R score is not necessary in order to petition for removal from the registry and (3) individuals may petition for removal even if they do not yet have a tier assignment letter.  In addition, the CA DOJ has divided Tier 3 into two subcategories.  Individuals assigned to one of the subcategories, based upon risk score only, may petition for removal after a minimum of 20 years while individuals assigned to the other subcategory are required to continue lifetime registration.  Below is a link to the newly issued document.  Additional documents, including the final form required to petition for removal from the registry, will be linked to this article in the future.

Fact Sheet – July 2020

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Casomb committee recommends delayed consideration of off-ramp for ca tier 3, casomb recommends tier reductions, ca: terminating sex offender registration.

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Here’s a link to his covid order btw. https://www.courtlistener.com/recap/gov.uscourts.mied.313769/gov.uscourts.mied.313769.91.0.pdf

Here is something I have wondered about. This site is used by mostly the same people, and I am pretty sure, a lot of registrants don’t even know this site exists. How will they know about the Tiered Registry, their assigned tier and will they be informed at their annual that they might be able to petition to get off the registry? Letters won’t be mailed, and we are to ask for it at the local PD. But, what about those who know nothing about what is to come. Will LE have to let them know, or will they just see if the registrant will ask?

I’ve done my best to read the legal text on this and still unable to understand what it means for someone who was convicted of 288(a), 21 years ago. Seems like it’s Tier 2, but when does the clock start?

Convicted and sentenced to 3 years probation, 4 years suspended-sentence. Got violated on probation for a technicality, extended to 4 years probation and then another technical violation and my 4 years was involked in 2005. Only then, it was reduced to 3 years in prison. All said and done, I left prison in 2007, but was off parole in 2012, a full 5 years after even though I was sentenced to 3 years parole. Everywhere I turned, i was given more time allthewhile never having committed any crimes. This is totally unfair.

Simple recap: Sentenced in 2000. Off parole in 2012. (Parole was illegally extended by 2 years so it should have been 2010.)

No criminal charges since. Just traffic tickets.

Tier 2 or Tier 1? Or am i totally screwed with a Tier 3?

Jack: Whitmer can’t nullify a court ruling by passing legislation. Fortunately, Does II isn’t final yet so they can address this in a final order without filing new litigation. We won’t know what the ACLU is requesting until the ACLU files a motion for the final order and won’t know for certain if new litigation is necessary until the judge signs the final order. Right now, the registry in Michigan is in a total state of confusion. Some police are telling registrants they don’t have to register due to the Does decisions (which isn’t true until Does II becomes final), a couple of police departments are confused or ignoring the court’s order and registering persons during covid, most of the Detroit police have never been crazy about enforcing the registry which has led to hundreds of registrants refusing to register, some for more than a decade. Flint and Saginaw have high rates of registrants refusing to register. Pontiac has some registrants refusing to register but aren’t gaining any traction because the Oakland County sheriff’s deputies are enforcing the registry. Various registrants throughout the state are refusing to register giving Michigan a high non-compliance rate. After the dust settles in Does II, we should get some clarity but I believe their will still be some confusion. I believe if we can get some attorneys seeking monetary compensation that we will see more police departments taking these various court decisions seriously. Michigan registrants haven’t benefited from the current litigation yet because only the 5 original plaintiffs have been legally removed. Everyone else who is refusing to register is doing so at their own risk. Registrants are getting a temporary vacation from the registry due to the covid order which began in February and most likely will continue until at least June or July. Things should get interesting when they start to try to get registrants who haven’t registered in a year and a half to try to register again. I commend the police departments complying with Does I even though they are not legally required to do so until Does II becomes final. There are some police honestly trying to comply with the courts order and a lot of police fatigued by the registry and simply want to get back to policing. The main thing in Michigan is to stay out of Sterling Heights. That is the one police department that is consistently taking this registration thing seriously. It seems Ann Arbor is staying on registrants. Grand Rapids and surrounding communities are enforcing registration but seems to get to registrants when they have the time. The Detroit, Flint, Saginaw corridor, with the exception of Pontiac, is the primary area where registrants are successful in defying the registry for years. Most of these don’t drive which makes it easier for them to fly under the radar. Registrants don’t have to worry about this new legislation. The die is cast. Either they are affected by these various court decisions or they’re not. I was surprised when the ACLU requested the covid order and even more surprised when the judge signed it. Some of these ACLU attorneys can be quite creative and Miriam Aukerman has proven to be quite the magician. I would be surprised if the ACLU didn’t address this new legislation in it’s final order. The one thing that will get the police to abide by these court decisions is monetary judgments. The ACLU generally doesn’t seek monetary compensation so it is up to registrants to do this. In order to get a money judgment you have to prove damages, i.e., loss of job or housing due to the registry AFTER the court issues it’s final decision. My argument for monetary compensation is that the 6th circuit ruled that Michigan’s registry is punishment. Registrants can’t sue for the period that they were legitimately on the registry. But time outside of this is open to requesting a monetary judgment. It’s like if you were sentenced to 10 years in prison and the state is required to release you after you served your 10 years. If the state keeps you in prison for 11 years, you can’t sue for the first 10 but can sue for the extra year they kept you in prison past their out date. Rest assured, these court decisions still stand. When Does II becomes final, thousands will be removed from the registry in Michigan.

N.M.: Your post show just how vague these laws are and why they need to be struck down as unconstitutionally vague.

@Detriot, in spite of the confusion it’s nice to know the covid registration vacation isn’t over quite yet. Yes I wondered the same thing. If people haven’t registered in over a year will they really be able to enforce it? Guess time will tell.

Josh: I’m not on the registry so don’t receive these emails. Someone did send an email to me from an ACLU volunteer who is not an attorney. If this is the email you are referring to, it’s a volunteers view of the registry, not from an ACLU attorney. The new law signed by Whitmer has no impact on any court decision. You have to wait until after Does becomes final to understand.

Guys, I noticed that ACSOL updated this article with new info that is worth reading. I recommend re-reading it.

If one is placed in a “tier to be determined” category, is this simply because of a work backlog for DOJ, or might there be other reasons for one having that status at this time?

I live in Eureka, CA. The PD notified us today by certified mail that My level is 3. It is what I expected, but still is just another reminder of our status. I am looking forward to the day when we can meet again around the state to show support for each other.

2 Questions: 1) If part of the conviction is for possession of CP are they still eligible to be removed from the registry. 2) If someone is successfully removed, will they then be allowed to travel internationally, say to mexico?

I’m hoping the legislature invokes the 25th Amendment on me. Clearly, I’m not suitable to be on the Registry. Seriously, they should just remove me. 🤗

The more im thinking about the oddness of how DOJ is seemingly mis-tiering people, the more I think its a result of a poorly written program to match people. I do not think any of this was done manually. Not when they had to do it to 100,000+ people. They most likely wrote some quick program that matches a person’s record to tiers, and the coding is looking at the wrong information, not seeing reductions, and sometimes not seeing anything at all and putting people into To Be Deretmined category when they shouldn’t be like some have reported having their 311.11a having been done.

Itll probably take people contacting the DOJ to have things corrected manually and will likely remain a mess and inaccurate for months if not years.

Try not to get into a depression if you’ve been told you’re a higher tier than you belibed you’d be. Take it one step at a time. There’s still at least 6 months before any one can actually file.

Take care, everyone. Stay strong.

I have a question: Those of us on this site knows about the possibility of removal from the 290 club, how do the others would know about the removal?

For the sake of clarity, under 667.5 there is this:

(5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.

That to me means subdivision (c) or (d) of 288a, which would NOT include 288a (b), which means it is not a violent crime listed in 667.5, which makes it a Tier 1.

I think the new 287 is the old 288a.

I’m confused about reqesting when to request the tier assignment letter. It’s my understanding thai I must wait for the period beyond eligiablity to cover time on probation. So for instance , I was charged and began my court process in July 2001. In early 2002, we settled the matter, and thus I have a conviction date at that time. I also served 5 years on probation. So shouldn’t I wait 5 years from July 1, 2001 to request a teir letter from the police or shall I do it on this July 11, 2021–my bday. Furthermore, if we dont get this letter as Janice indicated in her article: A) how do we know if it gets done B) also how do we know if it accuratly assigns us into the proper tier subset?

David this tier registry can be construed or interrupted as vain or unacceptable and a bit inexcusable in classification. Send a letter off as soon as you can. I’ve even written several letters to President Trump in the last few years for pardon if not for me for others. Many times they are filed in the trash bin. Sure one can wait my two more years or so out if thats one’s case but its the “principle” of the whole ordeal that much of this registry goes against the grain. Do you think one like seeing anyone in jail or prison unjustly in many of these cases. I don’t know how it is in California or other area’s but true understand is true understanding or who is devaluating the dollar bill or its people.

I’m not even married and I would hate to not be able to visit my son or daughter, job discrimation, etc. Look at it this way your not only helping yourself but others to take a step.

@Janice and ACSOL,

On the updated pdf it states the following: *** Who determines my tier designation?

The CA DOJ designates the tiers of most sex offender registrants. However, pursuant to Penal Code section 290.006, on and after January 1, 2021, the court shall determine the tier designations for individuals ordered by the court to register. Registrants who are court-ordered to register will be designated as tier one unless the court finds the person should register as a tier two or tier three registrant and states on the record the reasons for its finding. An individual is court-ordered to register pursuant to Penal Code section 290.006 when an individual is convicted of an offense, is not required to register pursuant to Penal Code section 290, and the court makes a finding that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. ***

If I’m reading this correctly, registrants who are court-ordered to register (all of us) are designated as tier 1 unless the court finds the person should register as a tier 2 or 3.

This would imply that any CA registrant convicted for said crime in CA should already have a designated tier. The only registrants who do not are the ones who were not convicted in CA.

Then this would imply the courts should not have a two-year window to determine your tier if convicted in CA and subjected to the registry via the CA court. In fact, everyone is designated as a tier 1, unless courts says differently, according to the “updated PDF”. There should not be a delay in justice because the registry scheme was not prepared, which was approved in Oct 17, 2017. That was over three years ago.

Tomorrow our son might be a tier 1 when sentenced . What does that mean for him? Jobs, place to live, Megan’s list, can he get off early, so many questions. Any advice/help is appreciated.

⭐⭐⭐⭐⭐ Some on this website have expressed concerns about ACSOL’s lawsuit. Please read Janice’s Journal. Here’s a link:

https://all4consolaws.org/2021/02/janices-journal-weve-got-your-back/

Received my tier assignment today. Teir 1. Federal CP poss. In 2001. Served 18 mo. So happy!

I want to ask for clarification on the issue of whether 311.11a is a wobbler offense. I was listening to Janice’s October conference audio today and she specifically says that 311.11a IS a wobbler and that she has gotten two people relief by utilizing this wobbler element of their charge. So are you saying that someone like my friend who was convicted as felony 311.11a in 2018 is never going to be viewed as a wobbler for 17b reduction to misdemeanor, whereas the two people that Janice won, they must have been pre-2018 cases and that’s why they were wobblers? However, she didn’t state it that way on the audio. She said, without reservation, that 311.11 IS a wobbler. If someone could clarify this, it would be appreciated. Thank you!

Sorry if this has been answered before, But does anyone know What states still have options for CP offenses not to be listed on there public website? Like California Before these new Tier and SB Bill went into affect ?

Health | Here’s each California county’s tier…

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Health | Here’s each California county’s tier assignment and where stay-at-home orders are in place on Dec. 15

There are now 55 counties in the purple tier as of Tuesday’s updates. One more than the previous week.

The state is no longer doing a weekly update and tier assignments may occur any day of the week and may occur more than once a week, officials have said.

On Nov. 24 the state had 41 counties in purple, 11 counties in red, four in orange, two in yellow.

Counties are assigned to a tier based on metrics showing the speed and the spread of the virus in their borders.

Regional stay home orders have taken affect for the Southern California, San Joaquin Valley and Greater Sacramento regions, all of which have crossed the threshold of having less than 15% ICU availability.

The orders prohibit private gatherings of any size, limits many business and public sector operations and capacities, and requires 100% masking and physical distancing in all others. This map shows the ICU capacity in each region as of Dec. 8.

As for the Southern California region, nearly every county has had a significant increase in cases per 100,000 and positivity rates.

The region has five of the most populated and some of the least populated counties in the state.

Mono County

The population of 14,202 makes it the fifth-least populous county in California. The county seat is Bridgeport.

• 97.2 new cases per day per 100K
• Previous week: 40.9
• 19.4% positivity rate (7-day average)
• Previous week: 14.2%

Inyo County

In 2010, the population was 18,546. It is the seventh-least populated county. The county seat is Independence.

• 34.8 new cases per day per 100K
• Previous week: 17
• 7.1% positivity rate (7-day average)
• Previous week: 6.1%

Imperial County In 2010, the population was 174,528. The county seat is El Centro.84.1 new cases per day per 100KPrevious week: 34.918.1% positivity rate (7-day average)Previous week: 20.3%

Orange County

In 2010, the population was 3,010,232, making it the third-most populous county in California. The county seat is Santa Ana.

• 55.2 new cases per day per 100K
• Previous week: 30.3
• 13.2% positivity rate (7-day average)
• Previous week: 10.6%

Ventura County

In 2010, it had a population of 823,318. The county seat is Ventura.

• 64.1 new COVID-19 cases per day per 100K
• Previous week: 34.2
• 10.5% positivity rate (7-day average)
• Previous week: 7.8%

San Luis Obispo County

In 2010, the population was 269,637. The county seats is San Luis Obispo.

• 27.4 new COVID-19 cases per day per 100K
• Previous week: 18.8
• 6.5% positivity rate (7-day average)
• Previous week: 4.8%

San Bernardino County In 2010, the population was 2,035,210, making it the fifth-most populous county in California. The county seat is San Bernardino.

• 120.3 new cases per day per 100K
• Previous week: 61.1
• 20.1% positivity rate (7-day average)
• Previous week: 16.9%

Riverside County

In 2010, the population was 2,189,641, making it the fourth-most populous county in California. The county seast is Riverside.

• 49 new cases per day per 100K
• Previous week: 92.2
• 14.8% positivity rate (7-day average)
• Previous week: 18.5%

San Diego County

In 2010, the population was 3,095,313, making it California’s second-most populous county. The county seat is San Diego.

• 52.7 new cases per day per 100K
• Previous week: 32.9
• 10.9% positivity rate (7-day average)
• Previous week: 1.5%

Los Angeles County

Most populous county in the U.S. with more than 10 million. The county seat is Los Angeles.

• 84.4 new cases per day per 100K
• Previous week: 41.8
• 11.4% positivity rate (7-day average)
• Previous week: 8.7%

Santa Barbara County

In 2010, it had a population of 423,895. The county seat is Santa Barbara.

• 24.4 new COVID-19 cases per day per 100K
• Previous week: 14.1
• 6.1% positivity rate (7-day average)
• Previous week: 4.6%

A list of what businesses are impacted by each tier is included below.

Note: The state recently added a new metric called health equity . For a county with a population of greater than 106,000, the county must: Ensure that the test positivity rates in its most disadvantaged neighborhoods – the Healthy Places Index census tracts are used for that – do not significantly lag behind its overall county test positivity rate. There are additional conditions listed on the state’s site.

State metrics:

How different are the tiers?

Purple is   the most restrictive, especially for education. Schools in the Widespread (purple) tier aren’t permitted to reopen for in-person instruction unless they receive a waiver from   local health departments for TK-6 grades. Schools can reopen for in-person instruction once their county has been in the red tier for at least two weeks. If a county regresses back to the purple tier, schools won’t be forced to close again, but any that hadn’t open would be prevented from opening until the county clocks at least two weeks in the red tier.

Source: California Department of Finance  

Sources: covid19ca.gov, California Department of Public Health, U.S. Census, U.S.D.A, California State Association of Counties

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Weekly tier assessment data in California counties

Click the dropdown menu and select your county to see how its latest COVID-19 data is trending compared to California's four-tier benchmark system. Counties with data falling in different tiers are assigned to the more restrictive tier. Some small counties are assigned different tiers based on small county framework.

UPDATE, JUNE 15: We have stopped updating these graphs, as the state has moved beyond the tier framework and fully opened. Click here for more.

Source: California Department of Public Health / Tier assignments may now update on any day of the week and/or more than once a week. Tier requirements changed on April 6, once the state distributed four million vaccine doses to communities in the first quartile of the Healthy Places Index. Updated on June 8, 2021.

Note: The state is no longer updating the health equity metics.

Note: Humboldt county was originally assigned the red tier, but the state announced a change to the purple tier, citing an increasing trend. San Francisco county has also been assigned to the purple tier due to "increasing trend."