The Tiered Sex Offender Registration System
Effective January 1, 2021, SB 384 transitioned California’s lifetime sex offender registration schema to a tier-based schema. SB 384 established three tiers of registration for adult registrants for periods of 10 years, 20 years, and life, and two tiers of registration for juvenile registrants for periods of 5 years and 10 years.
The three-tiered sex offender registration system classifies offenses by severity.
Tier one of the sex registry is for those who are convicted of misdemeanor sex offenses as well as some non-violent sex offenses. Tier one requires registration on the sex registry for a minimum of 10 years
Tier two of the sex registry is for those who are convicted of mid-level sex crimes and requires registration as a sex offender for a minimum of 20 years.
Tier three of the sex registry is for the most serious sex offenses, including rape, sex trafficking of minors, sex crimes against children 10 and younger, and repeated sex crimes. Tier three requires lifetime registration.
California Tiered Sex Offender Registration FAQ’s
Download PDF HERE
Tiers are designated in accordance with the criteria specified in Penal Code sections 290 through 290.024, et seq., the Sex Offender Registration Act, which include registrable conviction(s) or adjudication(s) from California and non-California jurisdictions, risk assessment scores and levels, and other criteria.
Tier One: 10 years Tier Two: 20 years Tier Three – Risk Assessment Level: 20 years* Tier Three: Lifetime *Please refer to Penal Code section 290.5(b)(3) as amended under SB 384 for additional information
Tier One: 5 years Tier Two: 10 years
Tier One: 5 years Tier Two: 10 years
Pursuant to Penal Code section 290(e), “the minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under the Sex Offender Registration Act (the Act), and by three years for each felony conviction of failing to register under the Act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.”
The CA DOJ designates the tiers of most sex offender registrants. However, pursuant to Penal Code section 290.006, on and after January 1, 2021, the court shall determine the tier designations for individuals ordered by the court to register. Registrants who are court-ordered to register will be designated as tier one unless the court finds the person should register as a tier two or tier three registrant and states on the record the reasons for its finding. An individual is court-ordered to register pursuant to Penal Code section 290.006 when an individual is convicted of an offense, is not required to register pursuant to Penal Code section 290, and the court makes a finding that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.
David Canty is an experienced, aggressive sex crimes defense attorney.
Having to register as a sex offender can have a devastating impact on future. You want to hire legal representation immediately when accused of committing a sex crime. Hiring a skilled attorney at the law offices of David Canty early on in the process can help you gauge the procedure, possible outcomes and strategize the best approaches.
With offices in Los Angeles County, Riverside County, and San Bernardino County, David Canty represents clients throughout Southern California.
David Canty has successfully handled hundreds of cases and will work diligently to help you achieve your best possible outcome.
To schedule your free initial consultation, please fill out this quick online form.
PRACTICE AREAS
HOW CAN WE HELP?
If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.
The Tiered Sex Offender Registration System
Effective January 1, 2021, SB 384 transitioned California’s lifetime sex offender registration schema to a tier-based schema. SB 384 established three tiers of registration for adult registrants for periods of 10 years, 20 years, and life, and two tiers of registration for juvenile registrants for periods of 5 years and 10 years.
The three-tiered sex offender registration system classifies offenses by severity.
Tier one of the sex registry is for those who are convicted of misdemeanor sex offenses as well as some non-violent sex offenses. Tier one requires registration on the sex registry for a minimum of 10 years
Tier two of the sex registry is for those who are convicted of mid-level sex crimes and requires registration as a sex offender for a minimum of 20 years.
Tier three of the sex registry is for the most serious sex offenses, including rape, sex trafficking of minors, sex crimes against children 10 and younger, and repeated sex crimes. Tier three requires lifetime registration.
California Tiered Sex Offender Registration FAQ’s
Download PDF HERE
Tiers are designated in accordance with the criteria specified in Penal Code sections 290 through 290.024, et seq., the Sex Offender Registration Act, which include registrable conviction(s) or adjudication(s) from California and non-California jurisdictions, risk assessment scores and levels, and other criteria.
Tier One: 10 years Tier Two: 20 years Tier Three – Risk Assessment Level: 20 years* Tier Three: Lifetime *Please refer to Penal Code section 290.5(b)(3) as amended under SB 384 for additional information
Tier One: 5 years Tier Two: 10 years
Tier One: 5 years Tier Two: 10 years
Pursuant to Penal Code section 290(e), “the minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under the Sex Offender Registration Act (the Act), and by three years for each felony conviction of failing to register under the Act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.”
The CA DOJ designates the tiers of most sex offender registrants. However, pursuant to Penal Code section 290.006, on and after January 1, 2021, the court shall determine the tier designations for individuals ordered by the court to register. Registrants who are court-ordered to register will be designated as tier one unless the court finds the person should register as a tier two or tier three registrant and states on the record the reasons for its finding. An individual is court-ordered to register pursuant to Penal Code section 290.006 when an individual is convicted of an offense, is not required to register pursuant to Penal Code section 290, and the court makes a finding that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.
David Canty is an experienced, aggressive sex crimes defense attorney.
Having to register as a sex offender can have a devastating impact on future. You want to hire legal representation immediately when accused of committing a sex crime. Hiring a skilled attorney at the law offices of David Canty early on in the process can help you gauge the procedure, possible outcomes and strategize the best approaches.
With offices in Los Angeles County, Riverside County, and San Bernardino County, David Canty represents clients throughout Southern California.
David Canty has successfully handled hundreds of cases and will work diligently to help you achieve your best possible outcome.
To schedule your free initial consultation, please fill out this quick online form.
PRACTICE AREAS
HOW CAN WE HELP?
If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.
