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.
However, as of January 1, 2012ANY former California sex offender who HAS ALREADY BEEN REMOVED from the public registry, 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.
To date - as of February 3, 2012, none of my clients, that I am aware of have been placed back on the website after having been excluded. We will monitor the situation.