Penal Code section 290.006(a) states “[a]ny person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.”
The new tiers indicate the earliest a sex offender may petition to be removed from the sex offender registry barring any tolling of time. Tier 1 requires a minimum of 10 years of registration, Tier 2 requires a minimum of 20 years of registration, and Tier 3 is a required lifetime registration. Regardless of the tier chosen, the People request that the defendant be advised that the registration requirement is a lifetime requirement due to the fact that there is no guarantee that his petition to terminate 290 registration will be granted.
In anticipation of the new tiered sex offender registration that will be in effect beginning January 1, 2021, the People also ask that the court make a determination as to the tier the court would order based upon the following:
In determining whether to impose sex offender registrating, the court must engage in a two step process: 1) it must make a finding whether the offense was committed as a result of sexual compulsion or for purposes of sexual gratification, and state the reasons for those findings; and 2) it must state the reasons for requiring lifetime registration as a sex offender; most importantly, the trial court must consider the likelihood defendant will reoffend. (People v. Hofsheier (2006) 37 Cal. 4th 1185, 1197.)