December 29, 2011

ACTION ALERT: California Sex Offender Registry Law: New change affecting former sex offenders REMOVED from the registry

UPDATE: This change DOES NOT apply to folks who no longer have a requirement to register. All Calif. laws are found HERE

UPDATE 12-28-2011: We have been notified that some California NON REGISTRANTS have received letters which state, they will be put back on the registry. Accordingly, it is imperative that they know of the following, which MAY keep them off the registry:
11-2-2011 and 12-29-2011 California:
Over the years California has excluded some folks from the public registry, by a procedure, court orders or operation of law. However, since Prop-83 California has made several subtle changes to its laws which have not been well publicized.

Today we need to notify ANY former California sex offender who HAS ALREADY BEEN REMOVED from the public registry, that effective 1-1-2012 those folks will be automatically RESTORED to the public registry unless they file for EXCLUSION following a new procedure that has been added to California registry law.

There is no doubt that this will come as a surprise to these folks, and likely they are not watching laws as changes are made, and they will be blind-sighted by this change. I can see they may even be harmed in some way, like lose a job or housing. This is why we need every Advocate to announce this to their memberships and get folks talking about this so those folks can do what is necessary to remain off the public registry.

Here is the change that lawmakers have tucked into registry law:
Penal Code 290.46(e)(4) Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low.
A reasonable reading of that change tells us that, even after following the procedure, unless the former offender's SARATSO risk level low or moderate-low, they will be restored to the public registry. Yes, some will result in a higher risk level and they will again be harmed by the public registry.

The form to use is HERE and more about the SARATSO system is HERE.

Now, because it appears that information is required that would require offenders to reveal facts about their past crime, I STRONGLY SUGGEST you seek a lawyer to help you file what is necessary. A lawyer can tell you what should or shouldn't be revealed or how to say what is necessary. PROTECT you rights at all costs.

PLEASE pass this along to anyone in California so they can find these folks and tell them what they need to do. Get folks talking about this, to find these folks and protect their rights.

Thanks, have a great day & a better tomorrow.

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