290-294
PENAL CODE
SECTION 290-294
290. (a) Sections 290 to 290.023, inclusive, shall be known and may
be cited as the Sex Offender Registration Act. All references to
"the Act" in those sections are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the rest of his
or her life while residing in California, or while attending school
or working in California, as described in Sections 290.002 and
290.01, shall be required to register with the chief of police of the
city in which he or she is residing, or the sheriff of the county if
he or she is residing in an unincorporated area or city that has no
police department, and, additionally, with the chief of police of a
campus of the University of California, the California State
University, or community college if he or she is residing upon the
campus or in any of its facilities, within five working days of
coming into, or changing his or her residence within, any city,
county, or city and county, or campus in which he or she temporarily
resides, and shall be required to register thereafter in accordance
with the Act.
(c) The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 187 committed in the perpetration, or
an attempt to perpetrate, rape or any act punishable under Section
286, 288, 288a, or 289, Section 207 or 209 committed with intent to
violate Section 261, 286, 288, 288a, or 289, Section 220, except
assault to commit mayhem, Section 243.4, paragraph (1), (2), (3),
(4), or (6) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262 involving the use of force or violence
for which the person is sentenced to the state prison, Section
264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b)
of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3,
288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of
Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former
Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of
Section 314, any offense involving lewd or lascivious conduct under
Section 272, or any felony violation of Section 288.2; any statutory
predecessor that includes all elements of one of the above-mentioned
offenses; or any person who since that date has been or is hereafter
convicted of the attempt or conspiracy to commit any of the
above-mentioned offenses.
290.001. Every person who has ever been adjudicated a sexually
violent predator, as defined in Section 6600 of the Welfare and
Institutions Code, shall register in accordance with the Act.
290.002. Persons required to register in their state of residence
who are out-of-state residents employed, or carrying on a vocation in
California on a full-time or part-time basis, with or without
compensation, for more than 14 days, or for an aggregate period
exceeding 30 days in a calendar year, shall register in accordance
with the Act. Persons described in the Act who are out-of-state
residents enrolled in any educational institution in California, as
defined in Section 22129 of the Education Code, on a full-time or
part-time basis, shall register in accordance with the Act. The place
where the out-of-state resident is located, for purposes of
registration, shall be the place where the person is employed,
carrying on a vocation, or attending school. The out-of-state
resident subject to this section shall, in addition to the
information required pursuant to Section 290.015, provide the
registering authority with the name of his or her place of employment
or the name of the school attended in California, and his or her
address or location in his or her state of residence. The
registration requirement for persons subject to this section shall
become operative on November 25, 2000. The terms "employed or carries
on a vocation" include employment whether or not financially
compensated, volunteered, or performed for government or educational
benefit.
290.003. Any person who, since July 1, 1944, has been or hereafter
is released, discharged, or paroled from a penal institution where he
or she was confined because of the commission or attempted
commission of one of the offenses described in subdivision (c) of
Section 290, shall register in accordance with the Act.
290.004. Any person who, since July 1, 1944, has been or hereafter
is determined to be a mentally disordered sex offender under Article
1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code, or any person who has been
found guilty in the guilt phase of a trial for an offense for which
registration is required by this section but who has been found not
guilty by reason of insanity in the sanity phase of the trial shall
register in accordance with the Act.
290.005. The following persons shall register in accordance with
the Act:
(a) Any person who, since July 1, 1944, has been, or is hereafter
convicted in any other court, including any state, federal, or
military court, of any offense that, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in subdivision (c) of Section 290, including offenses in
which the person was a principal, as defined in Section 31.
(b) Any person ordered by any other court, including any state,
federal, or military court, to register as a sex offender for any
offense, if the court found 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.
(c) Except as provided in subdivision (d), any person who would
be required to register while residing in the state of conviction for
a sex offense committed in that state.
(d) Notwithstanding subdivision (c), a person convicted in another
state of an offense similar to one of the following offenses who is
required to register in the state of conviction shall not be required
to register in California unless the out-of-state offense contains
all of the elements of a registerable California offense described in
subdivision (c) of Section 290:
(1) Indecent exposure, pursuant to Section 314.
(2) Unlawful sexual intercourse, pursuant to Section 261.5.
(3) Incest, pursuant to Section 285.
(4) Sodomy, pursuant to Section 286, or oral copulation, pursuant
to Section 288a, provided that the offender notifies the Department
of Justice that the sodomy or oral copulation conviction was for
conduct between consenting adults, as described in Section 290.019,
and the department is able, upon the exercise of reasonable
diligence, to verify that fact.
(5) Pimping, pursuant to Section 266h, or pandering, pursuant to
Section 266i.
290.006. Any 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.
290.007. Any person required to register pursuant to any provision
of the Act shall register in accordance with the Act, regardless of
whether the person's conviction has been dismissed pursuant to
Section 1203.4, unless the person obtains a certificate of
rehabilitation and is entitled to relief from registration pursuant
to Section 290.5.
290.008. (a) Any person who, on or after January 1, 1986, is
discharged or paroled from the Department of Corrections and
Rehabilitation to the custody of which he or she was committed after
having been adjudicated a ward of the juvenile court pursuant to
Section 602 of the Welfare and Institutions Code because of the
commission or attempted commission of any offense described in
subdivision (c) shall register in accordance with the Act.
(b) Any person who is discharged or paroled from a facility in
another state that is equivalent to the Division of Juvenile Justice,
to the custody of which he or she was committed because of an
offense which, if committed or attempted in this state, would have
been punishable as one or more of the offenses described in
subdivision (c) shall register in accordance with the Act.
(c) Any person described in this section who committed an offense
in violation of any of the following provisions shall be required to
register pursuant to the Act:
(1) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289 under Section 220.
(2) Any offense defined in paragraph (1), (2), (3), (4), or (6) of
subdivision (a) of Section 261, Section 264.1, 266c, or 267,
paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b)
of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of
Section 289, or Section 647.6.
(3) A violation of Section 207 or 209 committed with the intent to
violate Section 261, 286, 288, 288a, or 289.
(d) Prior to discharge or parole from the Department of
Corrections and Rehabilitation, any person who is subject to
registration under this section shall be informed of the duty to
register under the procedures set forth in the Act. Department
officials shall transmit the required forms and information to the
Department of Justice.
(e) All records specifically relating to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
who is required to register has his or her records sealed under the
procedures set forth in Section 781 of the Welfare and Institutions
Code. This section shall not be construed as requiring the
destruction of other criminal offender or juvenile records relating
to the case that are maintained by the Department of Justice, law
enforcement agencies, the juvenile court, or other agencies and
public officials unless ordered by a court under Section 781 of the
Welfare and Institutions Code.
290.009. Any person required to register under the Act who is
enrolled as a student or is an employee or carries on a vocation,
with or without compensation, at an institution of higher learning in
this state, shall register pursuant to the provisions of the Act.
290.010. If the person who is registering has more than one
residence address at which he or she regularly resides, he or she
shall register in accordance with the Act in each of the
jurisdictions in which he or she regularly resides, regardless of the
number of days or nights spent there. If all of the addresses are
within the same jurisdiction, the person shall provide the
registering authority with all of the addresses where he or she
regularly resides.
290.011. Every person who is required to register pursuant to the
act who is living as a transient shall be required to register for
the rest of his or her life as follows:
(a) He or she shall register, or reregister if the person has
previously registered, within five working days from release from
incarceration, placement or commitment, or release on probation,
pursuant to subdivision (b) of Section 290, except that if the person
previously registered as a transient less than 30 days from the date
of his or her release from incarceration, he or she does not need to
reregister as a transient until his or her next required 30-day
update of registration. If a transient convicted in another
jurisdiction enters the state, he or she shall register within five
working days of coming into California with the chief of police of
the city in which he or she is present or the sheriff of the county
if he or she is present in an unincorporated area or city that has no
police department. If a transient is not physically present in any
one jurisdiction for five consecutive working days, he or she shall
register in the jurisdiction in which he or she is physically present
on the fifth working day following release, pursuant to subdivision
(b) of Section 290. Beginning on or before the 30th day following
initial registration upon release, a transient shall reregister no
less than once every 30 days thereafter. A transient shall register
with the chief of police of the city in which he or she is physically
present within that 30-day period, or the sheriff of the county if
he or she is physically present in an unincorporated area or city
that has no police department, and additionally, with the chief of
police of a campus of the University of California, the California
State University, or community college if he or she is physically
present upon the campus or in any of its facilities. A transient
shall reregister no less than once every 30 days regardless of the
length of time he or she has been physically present in the
particular jurisdiction in which he or she reregisters. If a
transient fails to reregister within any 30-day period, he or she may
be prosecuted in any jurisdiction in which he or she is physically
present.
(b) A transient who moves to a residence shall have five working
days within which to register at that address, in accordance with
subdivision (b) of Section 290. A person registered at a residence
address in accordance with that provision who becomes transient shall
have five working days within which to reregister as a transient in
accordance with subdivision (a).
(c) Beginning on his or her first birthday following registration,
a transient shall register annually, within five working days of his
or her birthday, to update his or her registration with the entities
described in subdivision (a). A transient shall register in
whichever jurisdiction he or she is physically present on that date.
At the 30-day updates and the annual update, a transient shall
provide current information as required on the Department of Justice
annual update form, including the information described in paragraphs
(1) to (3), inclusive, of subdivision (a) of Section 290.015, and
the information specified in subdivision (d).
(d) A transient shall, upon registration and reregistration,
provide current information as required on the Department of Justice
registration forms, and shall also list the places where he or she
sleeps, eats, works, frequents, and engages in leisure activities. If
a transient changes or adds to the places listed on the form during
the 30-day period, he or she does not need to report the new place or
places until the next required reregistration.
(e) Failure to comply with the requirement of reregistering every
30 days following initial registration pursuant to subdivision (a)
shall be punished in accordance with subdivision (g) of Section
290.018. Failure to comply with any other requirement of this section
shall be punished in accordance with either subdivision (a) or (b)
of Section 290.018.
(f) A transient who moves out of state shall inform, in person,
the chief of police in the city in which he or she is physically
present, or the sheriff of the county if he or she is physically
present in an unincorporated area or city that has no police
department, within five working days, of his or her move out of
state. The transient shall inform that registering agency of his or
her planned destination, residence or transient location out of
state, and any plans he or she has to return to California, if known.
The law enforcement agency shall, within three days after receipt of
this information, forward a copy of the change of location
information to the Department of Justice. The department shall
forward appropriate registration data to the law enforcement agency
having local jurisdiction of the new place of residence or location.
(g) For purposes of the act, "transient" means a person who has no
residence. "Residence" means one or more addresses at which a person
regularly resides, regardless of the number of days or nights spent
there, such as a shelter or structure that can be located by a street
address, including, but not limited to, houses, apartment buildings,
motels, hotels, homeless shelters, and recreational and other
vehicles.
(h) The transient registrant's duty to update his or her
registration no less than every 30 days shall begin with his or her
second transient update following the date this section became
effective.
290.012. (a) Beginning on his or her first birthday following
registration or change of address, the person shall be required to
register annually, within five working days of his or her birthday,
to update his or her registration with the entities described in
subdivision (b) of Section 290. At the annual update, the person
shall provide current information as required on the Department of
Justice annual update form, including the information described in
paragraphs (1) to (3), inclusive of subdivision (a) of Section
290.015. The registering agency shall give the registrant a copy of
the registration requirements from the Department of Justice form.
(b) In addition, every person who has ever been adjudicated a
sexually violent predator, as defined in Section 6600 of the Welfare
and Institutions Code, shall, after his or her release from custody,
verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer, in a
manner established by the Department of Justice. Every person who, as
a sexually violent predator, is required to verify his or her
registration every 90 days, shall be notified wherever he or she next
registers of his or her increased registration obligations. This
notice shall be provided in writing by the registering agency or
agencies. Failure to receive this notice shall be a defense to the
penalties prescribed in subdivision (f) of Section 290.018.
(c) In addition, every person subject to the Act, while living as
a transient in California shall update his or her registration at
least every 30 days, in accordance with Section 290.011.
(d) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section. The
registering agency shall submit registrations, including annual
updates or changes of address, directly into the Department of
Justice Violent Crime Information Network (VCIN).
290.013. (a) Any person who was last registered at a residence
address pursuant to the Act who changes his or her residence address,
whether within the jurisdiction in which he or she is currently
registered or to a new jurisdiction inside or outside the state,
shall, in person, within five working days of the move, inform the
law enforcement agency or agencies with which he or she last
registered of the move, the new address or transient location, if
known, and any plans he or she has to return to California.
(b) If the person does not know the new residence address or
location at the time of the move, the registrant shall, in person,
within five working days of the move, inform the last registering
agency or agencies that he or she is moving. The person shall later
notify the last registering agency or agencies, in writing, sent by
certified or registered mail, of the new address or location within
five working days of moving into the new residence address or
location, whether temporary or permanent.
(c) The law enforcement agency or agencies shall, within three
working days after receipt of this information, forward a copy of the
change of address information to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency or agencies having local jurisdiction of
the new place of residence.
(d) If the person's new address is in a Department of Corrections
and Rehabilitation facility or state mental institution, an official
of the place of incarceration, placement, or commitment shall, within
90 days of receipt of the person, forward the registrant's change of
address information to the Department of Justice. The agency need
not provide a physical address for the registrant but shall indicate
that he or she is serving a period of incarceration or commitment in
a facility under the agency's jurisdiction. This subdivision shall
apply to persons received in a department facility or state mental
institution on or after January 1, 1999. The Department of Justice
shall forward the change of address information to the agency with
which the person last registered.
290.014. If any person who is required to register pursuant to the
Act changes his or her name, the person shall inform, in person, the
law enforcement agency or agencies with which he or she is currently
registered within five working days. The law enforcement agency or
agencies shall forward a copy of this information to the Department
of Justice within three working days of its receipt.
290.015. (a) A person who is subject to the Act shall register, or
reregister if the person has previously registered, upon release from
incarceration, placement, commitment, or release on probation
pursuant to subdivision (b) of Section 290. This section shall not
apply to a person who is incarcerated for less than 30 days if he or
she has registered as required by the Act, he or she returns after
incarceration to the last registered address, and the annual update
of registration that is required to occur within five working days of
his or her birthday, pursuant to subdivision (a) of Section 290.012,
did not fall within that incarceration period. The registration
shall consist of all of the following:
(1) A statement in writing signed by the person, giving
information as shall be required by the Department of Justice and
giving the name and address of the person's employer, and the address
of the person's place of employment if that is different from the
employer's main address.
(2) The fingerprints and a current photograph of the person taken
by the registering official.
(3) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
(4) Notice to the person that, in addition to the requirements of
the Act, he or she may have a duty to register in any other state
where he or she may relocate.
(5) Copies of adequate proof of residence, which shall be limited
to a California driver's license, California identification card,
recent rent or utility receipt, printed personalized checks or other
recent banking documents showing that person's name and address, or
any other information that the registering official believes is
reliable. If the person has no residence and no reasonable
expectation of obtaining a residence in the foreseeable future, the
person shall so advise the registering official and shall sign a
statement provided by the registering official stating that fact.
Upon presentation of proof of residence to the registering official
or a signed statement that the person has no residence, the person
shall be allowed to register. If the person claims that he or she has
a residence but does not have any proof of residence, he or she
shall be allowed to register but shall furnish proof of residence
within 30 days of the date he or she is allowed to register.
(b) Within three days thereafter, the registering law enforcement
agency or agencies shall forward the statement, fingerprints,
photograph, and vehicle license plate number, if any, to the
Department of Justice.
290.016. (a) On or after January 1, 1998, upon incarceration,
placement, or commitment, or prior to release on probation, any
person who is required to register under the Act shall preregister.
The preregistering official shall be the admitting officer at the
place of incarceration, placement, or commitment, or the probation
officer if the person is to be released on probation. The
preregistration shall consist of all of the following:
(1) A preregistration statement in writing, signed by the person,
giving information that shall be required by the Department of
Justice.
(2) The fingerprints and a current photograph of the person.
(3) Any person who is preregistered pursuant to this subdivision
is required to be preregistered only once.
(b) Within three days thereafter, the preregistering official
shall forward the statement, fingerprints, photograph, and vehicle
license plate number, if any, to the Department of Justice.
290.017. (a) Any person who is released, discharged, or paroled
from a jail, state or federal prison, school, road camp, or other
institution where he or she was confined, who is required to register
pursuant to the Act, shall, prior to discharge, parole, or release,
be informed of his or her duty to register under the Act by the
official in charge of the place of confinement or hospital, and the
official shall require the person to read and sign any form that may
be required by the Department of Justice, stating that the duty of
the person to register under the Act has been explained to the
person. The official in charge of the place of confinement or
hospital shall obtain the address where the person expects to reside
upon his or her discharge, parole, or release and shall report the
address to the Department of Justice. The official shall at the same
time forward a current photograph of the person to the Department of
Justice.
(b) The official in charge of the place of confinement or hospital
shall give one copy of the form to the person and shall send one
copy to the Department of Justice and one copy to the appropriate law
enforcement agency or agencies having jurisdiction over the place
the person expects to reside upon discharge, parole, or release. If
the conviction that makes the person subject to the Act is a felony
conviction, the official in charge shall, not later than 45 days
prior to the scheduled release of the person, send one copy to the
appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon discharge,
parole, or release; one copy to the prosecuting agency that
prosecuted the person; and one copy to the Department of Justice. The
official in charge of the place of confinement or hospital shall
retain one copy.
(c) Any person who is required to register pursuant to the Act
and who is released on probation, shall, prior to release or
discharge, be informed of the duty to register under the Act by the
probation department, and a probation officer shall require the
person to read and sign any form that may be required by the
Department of Justice, stating that the duty of the person to
register has been explained to him or her. The probation officer
shall obtain the address where the person expects to reside upon
release or discharge and shall report within three days the address
to the Department of Justice. The probation officer shall give one
copy of the form to the person, send one copy to the Department of
Justice, and forward one copy to the appropriate law enforcement
agency or agencies having local jurisdiction where the person expects
to reside upon his or her discharge, parole, or release.
(d) Any person who is required to register pursuant to the Act and
who is granted conditional release without supervised probation, or
discharged upon payment of a fine, shall, prior to release or
discharge, be informed of the duty to register under the Act in open
court by the court in which the person has been convicted, and the
court shall require the person to read and sign any form that may be
required by the Department of Justice, stating that the duty of the
person to register has been explained to him or her. If the court
finds that it is in the interest of the efficiency of the court, the
court may assign the bailiff to require the person to read and sign
forms under the Act. The court shall obtain the address where the
person expects to reside upon release or discharge and shall report
within three days the address to the Department of Justice. The court
shall give one copy of the form to the person, send one copy to the
Department of Justice, and forward one copy to the appropriate law
enforcement agency or agencies having local jurisdiction where the
person expects to reside upon his or her discharge, parole, or
release.
290.018. (a) Any person who is required to register under the Act
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of the Act is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
one year.
(b) Except as provided in subdivisions (f), (h), and (j), any
person who is required to register under the Act based on a felony
conviction or juvenile adjudication who willfully violates any
requirement of the Act or who has a prior conviction or juvenile
adjudication for the offense of failing to register under the Act and
who subsequently and willfully violates any requirement of the Act
is guilty of a felony and shall be punished by imprisonment in the
state prison for 16 months, or two or three years.
(c) If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in subdivision (b) or this subdivision shall
apply whether or not the person has been released on parole or has
been discharged from parole.
(d) Any person determined to be a mentally disordered sex offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under the Act, but who has
been found not guilty by reason of insanity in the sanity phase of
the trial, or who has had a petition sustained in a juvenile
adjudication for an offense for which registration is required
pursuant to Section 290.008, but who has been found not guilty by
reason of insanity, who willfully violates any requirement of the Act
is guilty of a misdemeanor and shall be punished by imprisonment in
a county jail not exceeding one year. For any second or subsequent
willful violation of any requirement of the Act, the person is guilty
of a felony and shall be punished by imprisonment in the state
prison for 16 months, or two or three years.
(e) If, after discharge from parole, the person is convicted of a
felony or suffers a juvenile adjudication as specified in this act,
he or she shall be required to complete parole of at least one year,
in addition to any other punishment imposed under this section. A
person convicted of a felony as specified in this section may be
granted probation only in the unusual case where the interests of
justice would best be served. When probation is granted under this
act, the court shall specify on the record and shall enter into the
minutes the circumstances indicating that the interests of justice
would best be served by the disposition.
(f) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code, and who fails to verify his or her registration every 90 days
as required pursuant to subdivision (b) of Section 290.012, shall be
punished by imprisonment in the state prison, or in a county jail not
exceeding one year.
(g) Except as otherwise provided in subdivision (f), any person
who is required to register or reregister pursuant to Section 290.011
and willfully fails to comply with the requirement that he or she
reregister no less than every 30 days is guilty of a misdemeanor and
shall be punished by imprisonment in a county jail for at least 30
days, but not exceeding six months. A person who willfully fails to
comply with the requirement that he or she reregister no less than
every 30 days shall not be charged with this violation more often
than once for a failure to register in any period of 90 days. Any
person who willfully commits a third or subsequent violation of the
requirements of Section 290.011 that he or she reregister no less
than every 30 days shall be punished in accordance with either
subdivision (a) or (b).
(h) Any person who fails to provide proof of residence as required
by paragraph (5) of subdivision (a) of Section 290.015, regardless
of the offense upon which the duty to register is based, is guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months.
(i) Any person who is required to register under the Act who
willfully violates any requirement of the Act is guilty of a
continuing offense as to each requirement he or she violated.
(j) In addition to any other penalty imposed under this section,
the failure to provide information required on registration and
reregistration forms of the Department of Justice, or the provision
of false information, is a crime punishable by imprisonment in a
county jail for a period not exceeding one year. Nothing in this
subdivision shall be construed to limit or prevent prosecution under
any applicable provision of law.
(k) Whenever any person is released on parole or probation and is
required to register under the Act but fails to do so within the time
prescribed, the parole authority or the court, as the case may be,
shall order the parole or probation of the person revoked. For
purposes of this subdivision, "parole authority" has the same meaning
as described in Section 3000.
290.019. (a) Notwithstanding any other section in the Act, a person
who was convicted before January 1, 1976, under subdivision (a) of
Section 286, or Section 288a, shall not be required to register
pursuant to the Act for that conviction if the conviction was for
conduct between consenting adults that was decriminalized by Chapter
71 of the Statutes of 1975 or Chapter 1139 of the Statutes of 1976.
The Department of Justice shall remove that person from the Sex
Offender Registry, and the person is discharged from his or her duty
to register pursuant to either of the following procedures:
(1) The person submits to the Department of Justice official
documentary evidence, including court records or police reports, that
demonstrate that the person's conviction pursuant to either of those
sections was for conduct between consenting adults that was
decriminalized.
(2) The person submits to the department a declaration stating
that the person's conviction pursuant to either of those sections was
for consensual conduct between adults that has been decriminalized.
The declaration shall be confidential and not a public record, and
shall include the person's name, address, telephone number, date of
birth, and a summary of the circumstances leading to the conviction,
including the date of the conviction and county of the occurrence.
(b) The department shall determine whether the person's conviction
was for conduct between consensual adults that has been
decriminalized. If the conviction was for consensual conduct between
adults that has been decriminalized, and the person has no other
offenses for which he or she is required to register pursuant to the
Act, the department shall, within 60 days of receipt of those
documents, notify the person that he or she is relieved of the duty
to register, and shall notify the local law enforcement agency with
which the person is registered that he or she has been relieved of
the duty to register. The local law enforcement agency shall remove
the person's registration from its files within 30 days of receipt of
notification. If the documentary or other evidence submitted is
insufficient to establish the person's claim, the department shall,
within 60 days of receipt of those documents, notify the person that
his or her claim cannot be established, and that the person shall
continue to register pursuant to the Act. The department shall
provide, upon the person's request, any information relied upon by
the department in making its determination that the person shall
continue to register pursuant to the Act. Any person whose claim has
been denied by the department pursuant to this subdivision may
petition the court to appeal the department's denial of the person's
claim.
290.020. In any case in which a person who would be required to
register pursuant to the Act for a felony conviction is to be
temporarily sent outside the institution where he or she is confined
on any assignment within a city or county including firefighting,
disaster control, or of whatever nature the assignment may be, the
local law enforcement agency having jurisdiction over the place or
places where the assignment shall occur shall be notified within a
reasonable time prior to removal from the institution. This section
shall not apply to any person who is temporarily released under guard
from the institution where he or she is confined.
290.021. Except as otherwise provided by law, the statements,
photographs, and fingerprints required by the Act shall not be open
to inspection by the public or by any person other than a regularly
employed peace officer or other law enforcement officer.
290.022. On or before July 1, 2010, the Department of Justice shall
renovate the VCIN to do the following:
(1) Correct all software deficiencies affecting data integrity and
include designated data fields for all mandated sex offender data.
(2) Consolidate and simplify program logic, thereby increasing
system performance and reducing system maintenance costs.
(3) Provide all necessary data storage, processing, and search
capabilities.
(4) Provide law enforcement agencies with full Internet access to
all sex offender data and photos.
(5) Incorporate a flexible design structure to readily meet future
demands for enhanced system functionality, including public Internet
access to sex offender information pursuant to Section 290.46.
290.023. The registration provisions of the Act are applicable to
every person described in the Act, without regard to when his or her
crime or crimes were committed or his or her duty to register
pursuant to the Act arose, and to every offense described in the Act,
regardless of when it was committed.
290.01. (a) (1) Commencing October 28, 2002, every person required
to register pursuant to Sections 290 to 290.009, inclusive, of the
Sex Offender Registration Act who is enrolled as a student of any
university, college, community college, or other institution of
higher learning, or is, with or without compensation, a full-time or
part-time employee of that university, college, community college, or
other institution of higher learning, or is carrying on a vocation
at the university, college, community college, or other institution
of higher learning, for more than 14 days, or for an aggregate period
exceeding 30 days in a calendar year, shall, in addition to the
registration required by the Sex Offender Registration Act, register
with the campus police department within five working days of
commencing enrollment or employment at that university, college,
community college, or other institution of higher learning, on a form
as may be required by the Department of Justice. The terms "employed
or carries on a vocation" include employment whether or not
financially compensated, volunteered, or performed for government or
educational benefit. The registrant shall also notify the campus
police department within five working days of ceasing to be enrolled
or employed, or ceasing to carry on a vocation, at the university,
college, community college, or other institution of higher learning.
(2) For purposes of this section, a campus police department is a
police department of the University of California, California State
University, or California Community College, established pursuant to
Section 72330, 89560, or 92600 of the Education Code, or is a police
department staffed with deputized or appointed personnel with peace
officer status as provided in Section 830.6 of the Penal Code and is
the law enforcement agency with the primary responsibility for
investigating crimes occurring on the college or university campus on
which it is located.
(b) If the university, college, community college, or other
institution of higher learning has no campus police department, the
registrant shall instead register pursuant to subdivision (a) with
the police of the city in which the campus is located or the sheriff
of the county in which the campus is located if the campus is located
in an unincorporated area or in a city that has no police
department, on a form as may be required by the Department of
Justice. The requirements of subdivisions (a) and (b) are in addition
to the requirements of the Sex Offender Registration Act.
(c) A first violation of this section is a misdemeanor punishable
by a fine not to exceed one thousand dollars ($1,000). A second
violation of this section is a misdemeanor punishable by imprisonment
in a county jail for not more than six months, by a fine not to
exceed one thousand dollars ($1,000), or by both that imprisonment
and fine. A third or subsequent violation of this section is a
misdemeanor punishable by imprisonment in a county jail for not more
than one year, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.
(d) (1) (A) The following information regarding a registered sex
offender on campus as to whom information shall not be made available
to the public via the Internet Web site as provided in Section
290.46 may be released to members of the campus community by any
campus police department or, if the university, college, community
college, or other institution of higher learning has no police
department, the police department or sheriff's department with
jurisdiction over the campus, and any employees of those agencies, as
required by Section 1092(f)(1)(I) of Title 20 of the United States
Code:
(i) The offender's full name.
(ii) The offender's known aliases.
(iii) The offender's gender.
(iv) The offender's race.
(v) The offender's physical description.
(vi) The offender's photograph.
(vii) The offender's date of birth.
(viii) Crimes resulting in registration under Section 290.
(ix) The date of last registration or reregistration.
(B) The authority provided in this subdivision is in addition to
the authority of a peace officer or law enforcement agency to provide
information about a registered sex offender pursuant to Section
290.45, and exists notwithstanding Section 290.021 or any other
provision of law.
(2) Any law enforcement entity and employees of any law
enforcement entity listed in paragraph (1) shall be immune from civil
or criminal liability for good faith conduct under this subdivision.
(3) Nothing in this subdivision shall be construed to authorize
campus police departments or, if the university, college, community
college, or other institution has no police department, the police
department or sheriff's department with jurisdiction over the campus,
to make disclosures about registrants intended to reach persons
beyond the campus community.
(4) (A) Before being provided any information by an agency
pursuant to this subdivision, a member of the campus community who
requests that information shall sign a statement, on a form provided
by the Department of Justice, stating that he or she is not a
registered sex offender, that he or she understands the purpose of
the release of information is to allow members of the campus
community to protect themselves and their children from sex
offenders, and that he or she understands it is unlawful to use
information obtained pursuant to this subdivision to commit a crime
against any registrant or to engage in illegal discrimination or
harassment of any registrant. The signed statement shall be
maintained in a file in the agency's office for a minimum of five
years.
(B) An agency disseminating printed information pursuant to this
subdivision shall maintain records of the means and dates of
dissemination for a minimum of five years.
(5) For purposes of this subdivision, "campus community" means
those persons present at, and those persons regularly frequenting,
any place associated with an institution of higher education,
including campuses; administrative and educational offices;
laboratories; satellite facilities owned or utilized by the
institution for educational instruction, business, or institutional
events; and public areas contiguous to any campus or facility that
are regularly frequented by students, employees, or volunteers of the
campus.
290.02. (a) Notwithstanding any other law, the Department of
Justice shall identify the names of persons required to register
pursuant to Section 290 from a list of persons provided by the
requesting agency, and provide those names and other information
necessary to verify proper identification, to any state governmental
entity responsible for authorizing or providing publicly funded
prescription drugs or other therapies to treat erectile dysfunction
of those persons. State governmental entities shall use information
received pursuant to this section to protect public safety by
preventing the use of prescription drugs or other therapies to treat
erectile dysfunction by convicted sex offenders.
(b) Use or disclosure of the information disclosed pursuant to
this section is prohibited for any purpose other than that authorized
by this section or Section 14133.225 of the Welfare and Institutions
Code. The Department of Justice may establish a fee for requests,
including all actual and reasonable costs associated with the
service.
(c) Notwithstanding any other provision of law, any state
governmental entity that is responsible for authorizing or providing
publicly funded prescription drugs or other therapies to treat
erectile dysfunction may use the sex offender database authorized by
Section 290.46 to protect public safety by preventing the use of
those drugs or therapies for convicted sex offenders.
290.03. (a) The Legislature finds and declares that a comprehensive
system of risk assessment, supervision, monitoring and containment
for registered sex offenders residing in California communities is
necessary to enhance public safety and reduce the risk of recidivism
posed by these offenders. The Legislature further affirms and
incorporates the following findings and declarations, previously
reflected in its enactment of "Megan's Law":
(1) Sex offenders pose a potentially high risk of committing
further sex offenses after release from incarceration or commitment,
and the protection of the public from reoffending by these offenders
is a paramount public interest.
(2) It is a compelling and necessary public interest that the
public have information concerning persons convicted of offenses
involving unlawful sexual behavior collected pursuant to Sections 290
and 290.4 to allow members of the public to adequately protect
themselves and their children from these persons.
(3) Persons convicted of these offenses involving unlawful sexual
behavior have a reduced expectation of privacy because of the public'
s interest in public safety.
(4) In balancing the offenders' due process and other rights
against the interests of public security, the Legislature finds that
releasing information about sex offenders under the circumstances
specified in the Sex Offender Punishment, Control, and Containment
Act of 2006 will further the primary government interest of
protecting vulnerable populations from potential harm.
(5) The registration of sex offenders, the public release of
specified information about certain sex offenders pursuant to
Sections 290 and 290.4, and public notice of the presence of certain
high risk sex offenders in communities will further the governmental
interests of public safety and public scrutiny of the criminal and
mental health systems that deal with these offenders.
(6) To protect the safety and general welfare of the people of
this state, it is necessary to provide for continued registration of
sex offenders, for the public release of specified information
regarding certain more serious sex offenders, and for community
notification regarding high risk sex offenders who are about to be
released from custody or who already reside in communities in this
state. This policy of authorizing the release of necessary and
relevant information about serious and high risk sex offenders to
members of the general public is a means of assuring public
protection and shall not be construed as punitive.
(7) The Legislature also declares, however, that in making
information available about certain sex offenders to the public, it
does not intend that the information be used to inflict retribution
or additional punishment on any person convicted of a sex offense.
While the Legislature is aware of the possibility of misuse, it finds
that the dangers to the public of nondisclosure far outweigh the
risk of possible misuse of the information. The Legislature is
further aware of studies in Oregon and Washington indicating that
community notification laws and public release of similar information
in those states have resulted in little criminal misuse of the
information and that the enhancement to public safety has been
significant.
(b) In enacting the Sex Offender Punishment, Control, and
Containment Act of 2006, the Legislature hereby creates a
standardized, statewide system to identify, assess, monitor and
contain known sex offenders for the purpose of reducing the risk of
recidivism posed by these offenders, thereby protecting victims and
potential victims from future harm.
290.04. (a) (1) The sex offender risk assessment tools authorized
by this section for use with selected populations shall be known,
with respect to each population, as the State-Authorized Risk
Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not
been selected for a given population pursuant to this section, no
duty to administer the SARATSO elsewhere in this code shall apply
with respect to that population. Every person required to register as
a sex offender shall be subject to assessment with the SARATSO as
set forth in this section and elsewhere in this code.
(2) A representative of the Department of Corrections and
Rehabilitation, in consultation with a representative of the State
Department of Mental Health and a representative of the Attorney
General's office, shall comprise the SARATSO Review Committee. The
purpose of the committee, which shall be staffed by the Department of
Corrections and Rehabilitation, shall be to ensure that the SARATSO
reflects the most reliable, objective and well-established protocols
for predicting sex offender risk of recidivism, has been
scientifically validated and cross validated, and is, or is
reasonably likely to be, widely accepted by the courts. The committee
shall consult with experts in the fields of risk assessment and the
use of actuarial instruments in predicting sex offender risk, sex
offending, sex offender treatment, mental health, and law, as it
deems appropriate.
(b) (1) Commencing January 1, 2007, the SARATSO for adult males
required to register as sex offenders shall be the STATIC-99 risk
assessment scale, which shall be the SARATSO static tool for adult
males.
(2) On or before January 1, 2008, the SARATSO Review Committee
shall determine whether the STATIC-99 should be supplemented with an
actuarial instrument that measures dynamic risk factors or whether
the STATIC-99 should be replaced as the SARATSO with a different risk
assessment tool. On or before January 1, 2012, the SARATSO Review
Committee shall select an actuarial instrument that measures dynamic
risk factors and an actuarial instrument that measures risk of future
sexual violence. The selected instruments shall be the SARATSO
dynamic tool for adult males and the SARATSO future violence tool for
adult males. If the committee unanimously agrees on changes to be
made to a designated SARATSO, it shall advise the Governor and the
Legislature of the changes, and the Department of Corrections and
Rehabilitation shall post the decision on its Internet Web site.
Sixty days after the decision is posted, the selected tool shall
become the SARATSO for adult males.
(c) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for adult females required to register
as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for adult
females.
(d) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for male juveniles required to
register as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for male
juveniles.
(e) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for female juveniles required to
register as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for female
juveniles.
(f) The committee shall periodically evaluate the SARATSO static,
dynamic, and risk of future violence tools for each specified
population. If the committee unanimously agrees on a change to the
SARATSO for any population, it shall advise the Governor and the
Legislature of the selected tool, and the Department of Corrections
and Rehabilitation shall post the decision on its Internet Web site.
Sixty days after the decision is posted, the selected tool shall
become the SARATSO for that population.
(g) The committee shall perform other functions consistent with
the provisions of this act or as may be otherwise required by law,
including, but not limited to, defining tiers of risk based on the
SARATSO. The committee shall be immune from liability for good faith
conduct under this act.
290.05. (a) The SARATSO Training Committee shall be comprised of a
representative of the State Department of Mental Health, a
representative of the Department of Corrections and Rehabilitation, a
representative of the Attorney General's Office, and a
representative of the Chief Probation Officers of California.
(b) On or before January 1, 2008, the SARATSO Training Committee,
in consultation with the Corrections Standards Authority and the
Commission on Peace Officer Standards and Training, shall develop a
training program for persons authorized by this code to administer
the static SARATSO, as set forth in Section 290.04.
(c) (1) The Department of Corrections and Rehabilitation shall be
responsible for overseeing the training of persons who will
administer the static SARATSO pursuant to paragraph (1) or (2) of
subdivision (a) of Section 290.06.
(2) The State Department of Mental Health shall be responsible for
overseeing the training of persons who will administer the static
SARATSO pursuant to paragraph (3) of subdivision (a) of Section
290.06.
(3) The Correction Standards Authority shall be responsible for
developing standards for the training of persons who will administer
the static SARATSO pursuant to paragraph (5) or (6) of subdivision
(a) of Section 290.06.
(4) The Commission on Peace Officer Standards and Training shall
be responsible for developing standards for the training of persons
who will administer the static SARATSO pursuant to subdivision (b) of
Section 290.06.
(d) The training shall be conducted by experts in the field of
risk assessment and the use of actuarial instruments in predicting
sex offender risk. Subject to requirements established by the
committee, the Department of Corrections and Rehabilitation, the
State Department of Mental Health, probation departments, and
authorized local law enforcement agencies shall designate key persons
within their organizations to attend training and, as authorized by
the department, to train others within their organizations designated
to perform risk assessments as required or authorized by law. Any
person who administers the static SARATSO shall receive training no
less frequently than every two years.
(e) If the agency responsible for scoring the static SARATSO
believes an individual score does not represent the person's true
risk level, based on factors in the offender's record, the agency may
submit the case to the experts retained by the SARATSO Review
Committee to monitor the scoring of the SARATSO. Those experts shall
be guided by empirical research in determining whether to raise or
lower the risk level. Agencies that score the static SARATSO shall
develop a protocol for submission of risk level override requests to
the experts retained in accordance with this subdivision.
(f) The static SARATSO may be performed for purposes authorized by
statute only by persons trained pursuant to this section. Persons
who administer the dynamic SARATSO and the future violence SARATSO
shall be trained to administer the dynamic and future violence
SARATSO tools as required in Section 290.09. Probation officers or
parole agents may be trained by SARATSO experts on the dynamic
SARATSO tool and perform assessments on that tool only if authorized
by the SARATSO Training Committee to do so after successful
completion of training.
290.06. The static SARATSO, as set forth in Section 290.04, shall
be administered as follows:
(a) (1) The Department of Corrections and Rehabilitation shall
assess every eligible person who is incarcerated in state prison.
Whenever possible, the assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
incarceration.
(2) The department shall assess every eligible person who is on
parole if the person was not assessed prior to release from state
prison. Whenever possible, the assessment shall take place at least
four months, but no sooner than 10 months, prior to termination of
parole. The department shall record in a database the risk assessment
scores of persons assessed pursuant to this paragraph and paragraph
(1), and any risk assessment score that was submitted to the
department by a probation officer pursuant to Section 1203.
(3) The department shall assess every person on parole transferred
from any other state or by the federal government to this state who
has been, or is hereafter convicted in any other court, including any
state, federal, or military court, of any offense that, if committed
or attempted in this state, would have been punishable as one or
more of the offenses described in subdivision (c) of Section 290. The
assessment required by this paragraph shall occur no later than 60
days after a determination by the Department of Justice that the
person is required to register as a sex offender in California
pursuant to Section 290.005.
(4) The State Department of Mental Health shall assess every
eligible person who is committed to that department. Whenever
possible, the assessment shall take place at least four months, but
no sooner than 10 months, prior to release from commitment. The State
Department of Mental Health shall record in a database the risk
assessment scores of persons assessed pursuant to this paragraph and
any risk assessment score that was submitted to the department by a
probation officer pursuant to Section 1203.
(5) Commencing January 1, 2010, the Department of Corrections and
Rehabilitation and the State Department of Mental Health shall send
the scores obtained in accordance with paragraphs (2), (3), and (4)
to the Department of Justice Sex Offender Tracking Program not later
than 30 days after the date of the assessment. The risk assessment
score of an offender shall be made part of his or her file maintained
by the Department of Justice Sex Offender Tracking Program as soon
as possible without financial impact, but no later than January 1,
2012.
(6) Each probation department shall, prior to sentencing, assess
every eligible person as defined in subdivision (c), whether or not a
report is prepared pursuant to Section 1203.
(7) Each probation department shall assess every eligible person
under its supervision who was not assessed pursuant to paragraph (6).
The assessment shall take place prior to the termination of
probation, but no later than January 1, 2010.
(b) Eligible persons not assessed pursuant to subdivision (a) may
be assessed as follows:
(1) Upon request of the law enforcement agency in the jurisdiction
in which the person is registered pursuant to Sections 290 to
290.023, inclusive, the person shall be assessed. The law enforcement
agency may enter into a memorandum of understanding with a probation
department to perform the assessment. In the alternative, the law
enforcement agency may arrange to have personnel trained to perform
the risk assessment in accordance with subdivision (d) of Section
290.05.
(2) Eligible persons not assessed pursuant to subdivision (a) may
request that a risk assessment be performed. A request form shall be
available at registering law enforcement agencies. The person
requesting the assessment shall pay a fee for the assessment that
shall be sufficient to cover the cost of the assessment. The risk
assessment so requested shall be performed either by the probation
department, if a memorandum of understanding is established between
the law enforcement agency and the probation department, or by
personnel who have been trained to perform risk assessment in
accordance with subdivision (d) of Section 290.05.
(c) For purposes of this section,"eligible person" means a person
who was convicted of an offense that requires him or her to register
as a sex offender pursuant to the Sex Offender Registration Act and
who is eligible for assessment, pursuant to the official Coding Rules
designated for use with the risk assessment instrument by the author
of any risk assessment instrument (SARATSO) selected by the SARATSO
Review Committee.
(d) Persons authorized to perform risk assessments pursuant to
this section, Section 1203, and Section 706 of the Welfare and
Institutions Code shall be immune from liability for good faith
conduct under this act.
290.07. Notwithstanding any other provision of law, any person
authorized by statute to administer the State Authorized Risk
Assessment Tool for Sex Offenders and trained pursuant to Section
290.06, and any person acting under authority from the SARATSO Review
Committee as an expert to train, monitor, or review scoring by
persons who administer the SARATSO pursuant to Section 290.05 or 1203
of this code or Section 706 of the Welfare and Institutions Code,
shall be granted access to all relevant records pertaining to a
registered sex offender, including, but not limited to, criminal
histories, sex offender registration records, police reports,
probation and presentencing reports, judicial records and case files,
juvenile records, psychological evaluations and psychiatric hospital
reports, sexually violent predator treatment program reports, and
records that have been sealed by the courts or the Department of
Justice. Records and information obtained under this section shall
not be subject to the California Public Records Act, Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code.
290.08. Every district attorney's office and the Department of
Justice shall retain records relating to a person convicted of an
offense for which registration is required pursuant to Section 290
for a period of 75 years after disposition of the case.
290.09. On or before July 2012, the SARATSO dynamic tool and the
SARATSO future violence tool, as set forth in Section 290.04, shall
be administered as follows:
(a) (1) Every sex offender required to register pursuant to
Sections 290 to 290.023, inclusive, shall, while on parole or formal
supervised probation, participate in an approved sex offender
management program, pursuant to Sections 1203.067 and 3008.
(2) The sex offender management program shall meet the
certification requirements developed by the California Sex Offender
Management Board pursuant to Section 9003. Probation departments and
the Department of Corrections and Rehabilitation shall