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Santa Cruz Criminal Defense Blog 2017 December Tiered Sex Offender Registration Has Been Signed Into Law
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Tiered Sex Offender Registration Has Been Signed Into Law

Posted By The McGuire Law Office || 6-Dec-2017

Senate Bill 384 modified the lifetime sex offender registration requirement in current law by establishing three tiers of registration with different durations (10 years, 20 years or lifetime) depending on the severity of the underlying offense and on other facts such as repeat offense history and risk scores on the SARATSO risk instrument. SB 384 established a process by which a Tier 1 or Tier 2 registrant may petition the Superior Court for relief from registration and removal from the State registry. The bill sets out evidentiary and other criteria the Court must follow in determining whether the individual qualifies for relief.

The bill provides for situations in which a Tier 3 lifetime registrant may petition the Court to be moved to Tier 2. Juvenile sex offender registration requirements are also modified by SB 384. The bill incudes a provision that its changes shall not be construed to expand the 290.008 to establish Tier 1 and Tier 2 registration periods for juveniles required to register after release from the Division of Juvenile Justice. Based on the underlying offense, juvenile registrants fall either into tier 1 which is 5 years or Tier 2 which is 10 years of registration. Upon meeting performance criteria during the registration period, the juvenile registrant may petition the Juvenile Court in the county of residence for removal.

The criteria applied by the Juvenile Court to rule on removal are the same criteria that apply to adult sex offense petitioners in Superior Court. Juvenile tier registration provisions do not take effect until January 2021.

Categories: Juvenile, Sex Crimes, Sex Offender Registration

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The McGuire Law Office
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