California Passes Reforms to Sex Offender Registry Law

Earlier this month, California Governor Jerry Brown signed a bill that will ultimately affect thousands of California residents who have been convicted of or pleaded guilty to lower level sex crimes. The new law will put an end to mandatory lifetime sex offender registration for those who are determined to be unlikely to commit new crimes. The law’s provisions will go into effect in 2021.

California Senator Scott Wiener introduced the bill earlier this year at the request of the Los Angeles County District Attorney Jackie Lacey and other officials. They maintained that the existing sex offender registry—which now includes more than 105,000 listings—was limited in its usefulness. Because California requires lifetime registration for those who are required to register, a person who committed a single indiscretion as a young adult in the 1940s is listed alongside serial rapists and other predators who just finished serving their sentences. In other words, the registry is so big that law enforcement agencies and the general public cannot reasonably figure out who might actually propose a danger.

While there was some controversy over the measure, Governor Brown indicated in the past that he would be open to such reforms. Lawmakers decided to risk being seen as soft on sex crimes in exchange for helping law enforcement officials to do their jobs more efficiently. Prior to the law’s passage, California was one of only four states—along with Alabama, Florida, and South Carolina—to require lifetime registration for sex offenders.

Tier-Based System

When the new registration guidelines take effect, there will three tiers to the sex offender registry. Tier one will include individuals convicted of offenses such as misdemeanor possession of child pornography, misdemeanor sexual battery, and indecent exposure. Those in this tier will be eligible to apply for removal from the registry after 10 years. Currently, some 65,000 people in the sex offender registry would be considered tier one.

The second tier encompasses more serious offenses, including lewd and lascivious acts with a minor. Tier two requires registration for a minimum of 20 years and would include about 24,000 names from the current registry. The third tier would still require lifetime registration and covers offense such as rape, sex crimes against children under 10, and sex trafficking.

An individual is not entitled to automatic removal from the sex offender registry, however. He or she will need to submit a petition for assessment by the court. Local prosecutors will provide input as well, and the court will decide to approve or deny the petition for removal.

If you or a loved one is currently a registered sex offender and you have questions about how the new law can provide a fresh start, contact an experienced San Jose sex crimes attorney. Call 408-277-0377 for a confidential consultation with Wesley J. Schroeder, Attorney at Law, today.

Sources:

http://www.sfgate.com/politics/article/California-law-sex-offenders-Jerry-Brown-12259564.php

http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-bill-ending-lifetime-registry-of-sex-1507332406-htmlstory.html