As reported by the Los Angeles Times, thousands of Californians will be allowed to take their names off the state’s registry of sex offenders as a result of former Gov. Jerry Brown signing Senate Bill 384 on October 6, 2017. Governor Brown signed legislation that could potentially end lifetime sex offender registration for lower-level offenders judged to be at little risk of committing new crimes. Offenders can file petitions to be removed from the registry beginning in 2021.The measure was introduced at the request of Los Angeles County District Attorney. Jackie Lacey and other law enforcement officials who said the California registry, which has grown to more than 105,000 names, is less useful to detectives investigating new sex crimes because it is so bulky. “California’s sex offender registry is broken, which undermines public safety,” said Sen. Scott Wiener (D-San Francisco), who introduced the bill. “SB 384 refocuses the sex offender registry on high-risk offenders and treats low-level offenders more fairly.”The registry currently requires law enforcement officials to spend hours on paperwork for annual evaluations of every offender, including those who are low risk and have not committed a crime for decades, Wiener said. “SB 384 proposes thoughtful and balanced reforms that allow prosecutors and law enforcement to focus their resources on tracking sex offenders who pose a real risk to public safety, rather than burying officers in paperwork that has little public benefit,” said Ali Bay, a spokeswoman for former Governor Brown.
The measure was opposed by many Republican lawmakers and Erin Runnion, who in 2002 founded the Joyful Child Foundation, an Orange County advocacy group for victims, after the abduction, molestation and murder of her 5-year-old daughter, Samantha. Runnion said parents should be able to check a comprehensive registry to see if a potential teacher, youth league coach or babysitter for their children has ever been convicted of a sex crime.California is one of only four states that require lifetime registration of sex offenders. The others are Alabama, South Carolina and Florida. The new law signed by the former governor creates a tiered registry, with high-risk offenders on the registry for life and others able to petition to be removed after either 10 or 20 years without re-offending, depending on the offense. Offenses for which registrants can be removed from the list after 20 years include rape by deception and lewd and lascivious behavior with a child under 14. Offenders who petition for removal after 10 or 20 years will be assessed by a judge — with input from the local district attorney — who can grant or deny the petition. The registry can be checked by members of the public, including people doing background checks on potential hires or tenants.Senate Bill 384:Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense.Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion.This bill would, commencing January 1, 2021, instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified. The bill would allow the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained. The bill would, commencing July 1, 2021, establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would establish procedures for a person required to register as a tier three offender based solely on his or her risk level to petition the court for termination from the registry after 20 years from release of custody, if certain criteria are met. The bill would also, commencing January 1, 2022, revise the criteria for exclusion from the Internet Web site.Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense.This bill would require that information to include sentence enhancement data elements.Existing law establishes the Sex Offender Management Board within the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the board to address issues, concerns, and problems related to the community management of adult sex offenders.This bill would instead require the board to address any issues, concerns, and problems related to the community management of all sex offenders.
You are required to use no less than eight (8) sources as references in your paper. You will be provided several items you can reference, i.e., Senate Bill 384, Senate Floor Analysis, and In re J.C. (2017) 13 Cal.App.5th 1201. Your textbook, Sexual Victimization Then and Now, can also be cited as a source.
QUESTION:
On October 6, 2017, the Governor approved Senate Bill 384, which provides in part, commencing January 1, 2021, instead of lifetime sex offender registration for qualifying sex offenders under existing law, this bill will establish three tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified.
(a) With respect to adults, do you agree or disagree with SB 384? Why or why not?
(b) With respect to minors, do you agree or disagree with SB 384? Why or why not?
(c) Did this bill go far enough, or should California end sex registration for [i] adults, and/or [ii] minors, that are adjudicated for committing sex offenses? Yes or no? Why or why not?
(d) Can you identify any changes to the legislation (SB 384) since passage in 2017, i.e., subsequent legislative history? If so, how did or do these changes impact the mandates of SB 384 going forward?Please support your position(s) one way or the other to receive maximum credit.
