People v. Vigil CA4/3

DISCUSSION

The Sex Offender Registration Act (§ 290 et seq.) requires a person convicted of certain sex crimes to register as a sex offender. Originally, all sex offenders were subject to a lifetime registration requirement. Effective January 1, 2021, section 290 was restructured to provide for three tiers of registration for sex offenders, based primarily on the offense. (Stats. 2017, ch. 541, § 2.5.) Registration requirements can now be for 10 years (tier one), 20 years (tier two), or a lifetime (tier three). (§ 290, subd. (d).) Vigil is a tier two sex offender required to register for at least 20 years. (§ 290, subd. (d)(2).) Section 290.5 permits sex offenders in tiers one and two to petition the trial court to terminate their registration requirement. The prosecution may request a hearing and “present evidence” to demonstrate “community safety would be significantly enhanced by requiring continued registration.” (§ 290.5, subd. (a)(2)–(3).) In other words, the prosecution has the burden of producing evidence to establish “terminating the registration requirement considerably raised the threat to society because” a petitioner is

3 “currently likely to reoffend.” (People v.…