California sex offender registration laws took a dramatic shift in 2021, abandoning mandatory lifetime registration in favor of a more structured three-tiered system. This applies to each sex crime regardless of severity. The three-tiered system is more lenient on the period you must remain on the registry, but it is not forgiving. The disciplinary action for sex offenses is still severe and long-term, particularly for severe crimes. Failure to register as a sex offender or to meet other related legal duties can attract additional felony charges. You can also face prison time or fines. Understanding how the registration works under the new system is necessary to avoid penalties. Understanding the system can also enhance your chance of being taken off the sex offender registry.

The Basic Rules Under The Old Sex Offender Registration System

California was the first state to pass a sex offender registration statute. This law required people convicted of sex offenses to register as sex offenders with the local law enforcement agency. Today, California has a mandatory lifetime sex offender registration system. Under the current system, you must register as a sex offender for life if you are convicted of any sex offense.

You must register with the local law enforcement yearly, within five days of your birthday, if you are a convicted sex offender. Upon moving residences, you must also update your information. Your information will be added to the California Sex and Arson Registry (CSAR) database after registering with the local law enforcement. CSAR acts as a private, statewide repository for information on registered sex offenders.

CSAR is the main database, which acts as a tool to assist the police in monitoring sex offenders. Currently, according to the California Department of Justice website, CSAR has information on over 120,000 registered sex offenders. According to Megan's Law, certain details from the main database are extracted and made available for the public in different databases. The purpose of the Megan’s Law database is to assist the public in better protecting themselves and their families by offering searchable information on sex offenders. The name of each person convicted as a sex offender is entered in the private CSAR database. This database can be accessed easily by law enforcement officials. However, not all sex offenders in the CSAR database can be entered into the Megan’s Law database, which is available to the public.

The Changes Of The Old System Under Senate Bill 384

The Senate Bill 384 replaced California's universal lifetime-based registration system with a tier-based one on January 1, 2021. According to the new system, three tiers of registration are developed for adult sex offenders for the following periods:

  • Ten years of registration under tier one
  • Twenty years of registration under tier two, and
  • Lifetime registration under tier three

Any minor convicted of a sex offense must register as a sex offender for a period of five or ten years.

The basic change passed through the bill involves the likelihood of a tier one or tier two offender being removed from the sex offender registration database. This can only happen after the corresponding 10 or 20 years have been completed.

The judge can still order a sex offender to register with the local law enforcement agencies after the conviction. Fortunately, SB 384 offers a chance for lower-level sex offenders to apply to have their names removed from the local police registry. As a result, they will also be removed from the CSAR and Megan’s Law databases. According to SB 384, you can be automatically removed from the registry once your new tier-based term has been completed. There is no guarantee that your name will be removed because a petition process is required for removal.

According to SB 384, you must petition the juvenile or superior court to terminate your registration requirement. You can only do so after your mandated minimum registration duration expires. The court has the discretion to decide whether to deny or grant your petition to be removed from the sex offender registry.

The court will have 60 days to review your petition once it has been received. The judge can approve your request if you have not been convicted of another offense. He/she can also approve if you have complied with all sex offender registration conditions.

How The Three-Tier System Is Established And Defined

The three-tier system is established based on the following criteria:

  • The totality of a person’s criminal background
  • The potential risk of recidivism
  • The severity of the offense

Tiers increase based on the severity of the offense. The higher the tier, the greater the severity of the conviction. Most serious offenses fall into tier three.

Tier One Sex Registration

According to the new registration scheme, the lowest risk level offenders fall under tier one. Non-violent, misdemeanor-level crimes fall under this category. Some felony offenses can also fall under tier one, but only if they are not deemed severe or violent felonies under the law. Examples of the crimes under tier one include:

  • Misdemeanor sexual battery under Penal Code 243.4 PC
  • Enticing a minor into a house of prostitution under Penal Code 266 PC
  • Inducing sex by fraud under Penal Code 266c
  • Misdemeanor oral copulation under Penal Code 288a PC
  • Misdemeanor arranging a meeting with a child for lewd purposes under Penal Code 288.4 PC
  • Misdemeanor possession of child pornography under Penal Code 311.11 PC
  • Misdemeanor indecent exposure under Penal Code 314 PC
  • First offense of annoying or molesting a minor under Penal Code 647.6 PC

Apart from the listed tier one crime, offenders who the judge orders to register under Penal Code 290 PC for a crime not listed under that law are presumed to be tier one. This remains unless the judge establishes that a higher registration tier is required for public safety. You must register as a sex offender for a minimum of ten years under tier one.

Tier Two Sex Registration

Tier two covers more severe crimes, which fall short of the most severe category reserved for tier three crimes. These are crimes that are deemed severe or violent felonies, but not the most severe sex crimes under tier three. Examples of crimes under tier two include:

  • Rape with a victim at least 18 years old, incapable of consent because of disability or a mental disorder under Penal Code 261 PC
  • Incest under Penal Code 285 PC
  • Sodomy with a child below 14 years under Penal Code 286 PC
  • Lewd acts with a minor below 14 years under 288 PC
  • Contacting a minor to commit a felony under Penal Code 288.3 PC
  • Penetration with a foreign object when the victim is incapable of giving consent because of a mental disability, according to Penal Code 289 PC
  • Molesting or annoying a minor is a  second or subsequent crime under Penal Code 647.6 PC

Tier Three Sex Registration

Tier three constitutes the most severe sex crimes as determined by the California legislature. The crimes in this category are subject to lifetime registration, and there is currently no way to petition for removal from the registry for a tier three crime. Threats, violence, or the young age of the victim usually characterize these crimes. Some crimes that are considered non-violent are also covered under tier three sex registration. The following are crimes covered under tier three:

  • Committing murder while attempting to commit rape under Penal Code 187 PC
  • Kidnapping while committing rape under Penal Code 207 PC and Penal Code 209 PC
  • Assault with intent to commit a felony under Penal Code 220 PC
  • Sex trafficking of minors under Penal Code 236.1 PC
  • Most forms of rape are under Penal Code 261 PC
  • Spousal rape by use of force under Penal Code 262 PC
  • Pimping and pandering with a child under Penal Code 266(h) PC and Penal Code 266(i) PC
  • Transporting a minor below 16 years for lewd purposes under Penal Code 266(j) PC
  • Taking a child away for prostitution under Penal Code 267 PC
  • Lewd acts with a minor below 14 years by force under Penal Code 288(b)(1) PC
  • Lewd acts with a minor, causing bodily harm under Penal Code 288(i) PC
  • Sending harmful material to seduce a minor under Penal Code 288.2 PC
  • Continuous sexual assault of a child under Penal Code 288.5 PC
  • Sexual assault on a minor below 10 years under Penal Code 288.7 PC
  • Felony child pornography under Penal Code 311.11 PC

The following offenders are also covered under tier three sex registration:

  • Sentenced to life in prison
  • Offenders whose Static-99 scores put them at well above average risk for being a danger to the community
  • Offenders who are considered habitual sex offenders under Penal Code 667.71 PC

Juvenile Offender Special Registration Periods

The purpose of the juvenile system does not coincide with the adult system. Senate Bill 384 created a different and milder system of sex registration of minor offenders. It is based on the fact that children are more rehabilitative. Children have a much shorter registration period if judged to have committed a sex offense.

A child will only have a minimum registration period of five years in the case of a crime categorized as tier one in an adult. However, a child cannot be released before ten years for a more severe offense considered tier two in the adult system. This frame provides a more achievable and realistic avenue through which a minor can overcome their mistakes and rejoin the community.

Why The Changes Are Being Made To The Old Sex Offender Registry

The supporters of Senate Bill 384 argue that the sex offender registry in its old form is inefficient, unwieldy, and useless to law enforcement. They claim that it puts equal priority on low-level and high-risk or violent offenders.

Senate Bill 384 received bipartisan support at the time of approval by the State Legislature. Senator Scott Wiener authored the bill, and several other legislators co-authored it. In October 2017, the then-Governor Jerry Brown signed it into law. Senator Wiener claimed that the police responsible for policing sex offenders spent 60% of their time on monthly or yearly paperwork involving low-risk offenders. The police take this period to the expense of being active in society, monitoring high-risk sex offenders.

The supporters of SB 384 also claim that the old lifetime sex registration system is unfair because it does not consider the severity of the offense or any mitigating circumstances.

According to the Deputy Family Violence Division in California, the sex offender registry should be an investigative tool to help the police in crime-solving. It should also prevent additional sexual assaults. Unfortunately, the old sex registry system is unable to serve this purpose. The tiered system that gives low-risk offenders with old crimes the ability to be removed from the registry can restore the registry to its original purpose. SB 384 not only requires the most dangerous sex offenders to continue to have lifetime registration. It also permits the police to engage their resources in the supervision of the high-risk sex offenders to better protect society.

Senate Bill 384 changes the ineffective 70-year-old sex registry system and replaces it with an evidence-based and updated system to monitor sex offenders. Most people claim that this law will better protect society from sexual predators. It will enable the police to concentrate on people who have committed the most severe sexual assault offenses. The police will also be able to focus on offenders who pose the greatest danger of recidivism. Research drafting was done on SB 384 for five years to ensure that Californians are protected from those most at risk of reoffending.

Petitioning To Terminate Your Registration

The advantage of SB 384 is that it has established a legal process by which you can terminate your sex registration obligations permanently. Unfortunately, this relief is not automatic. You should file a formal petition with the court once you have met all the legal requirements. This is a complex procedure that requires you to be careful.

Eligibility For Petitioning

Before starting the process, you should ensure you meet the strict eligibility requirements outlined under the law. The judge can reject your petition unless you comply with the prerequisites. You must be a tier one or tier two registrant. Most of the tier three registrants do not qualify.

You must also have completed your minimum registration term of ten years under tier one or 20 years under tier two. This period starts when you started supervision or were released from custody. While petitioning, you must have been released from jail or prison or be under active supervision like probation, parole, or post-release community supervision.

You must also be free from unresolved criminal charges that can change your tier status or disqualify you. Once you have met all the requirements, you can file a petition.

The Procedure Of Filing A Petition

You will be required to go through specific steps after establishing that you qualify for the termination of your sex registration. The court can reject your petition on a technical basis if you fail to follow the right procedure. If this happens, you will be required to re-initiate the process.

You must file your request on or after your first birthday, provided your minimum registration period has expired. The timing provision was included during the implementation of the law.

You should visit the local law enforcement agency where you are registered. Request for a Proof of Current Registration form. This form is required in court as proof of fulfilling registration requirements when filing. Requesting this form before your filing date is good to avoid any delays. This form is official evidence that you are in the right position with your registration requirements when seeking relief.

You must file the official petition forms with the superior court in your county. You should file your initial case with the juvenile court if it was a juvenile adjudication. Deliver copies to all the necessary government agencies once you formally submit your petition to the court. This must include the local police agency in which you have registered and the district attorney’s office in which you filed the petition. If you were initially convicted in another county, you should serve the county's law enforcement agency and district attorney.

Find a Criminal Defense Attorney Near Me

The passage of SB 384 altered the sex offender registration process in California in 2021. Before the passage of this bill, lifetime registration as a sex offender was mandatory, irrespective of the severity of the offense. SB 384 introduced the three-tiered sex offender registration based on the severity of an offense. The bill also treats juvenile sex offender registration differently from that of adults. If you move from or into California, you might experience some registration complications, but an attorney can help.

For guidance and legal representation on sex offender registration under SB 384, contact an experienced attorney. At the Los Angeles Criminal Lawyer, we have committed attorneys who can guide you through the sex offender registration process. It does not matter how intricate your case is. Our attorneys have what it takes to handle your case. Contact us at 310-502-1314 to speak to one of our attorneys.