Supervised persons who are required to register as sex
offenders pursuant to PC sections
290 through 290.023, inclusive,
and who have been designated as HRSO by the Department, are subject to
residence restrictions as specified in this section and as defined in section
3571.
(a) A HRSO released on parole who is required
to register pursuant to PC sections
290 through 290.023, inclusive,
may not, during the period of parole, reside in any single family dwelling with
any other person also required to register as a sex offender, unless those
persons are legally related by blood, marriage, or adoption. A residential
facility located within a single family dwelling which serves six or fewer
persons shall be excluded from this restriction.
(b) A HRSO released on parole on or after
November 8, 2006 who is required to register pursuant to PC sections
290 through 290.023, inclusive,
and whose current commitment to the Department is for a conviction for a
violation of PC section 288, inclusive of any subsection, or PC section 288.5,
shall not reside within one-half mile of any public or private school,
kindergarten through grade 12, inclusive.
(c) A HRSO who has a juvenile adjudication
for PC section 288, inclusive of any subsection, or PC section 288.5, is not
subject to the provisions of PC section
3003(g); however,
may have a residence restriction imposed pursuant to section
3571.
(d) A HRSO, released on parole on or after
November 8, 2006 who is required to register pursuant to PC sections
290 through 290.023, inclusive,
and who does not have a current or prior conviction for a violation of PC
section 288, inclusive of any subsection, or PC section 288.5 may have a
residence restriction imposed pursuant to section
3571. A residence restriction
shall not be imposed unless it is supported by circumstances found in the
supervised person's criminal history as described in section
3571.
(e) Residence Verification and Approval. DAPO
shall monitor compliance with the residence restrictions contained in this
section.
(1) Supervised persons subject to
residence restrictions are responsible for finding compliant housing.
(2) During the initial interview between the
supervised person and the Parole Agent upon release from custody, and before
any change of residence while under parole supervision, the supervised person
shall provide their Parole Agent with the address where they intends to reside
upon verification and approval of the Parole Agent.
(3) The Parole Agent shall utilize available
resources identified in subsections
3571(e)(3)(A)
through
3571(e)(3)(E) to
identify any public or private schools located approximately within one-half
mile of the supervised person's proposed residence.
(4) If any public or private schools and/or
parks where children regularly gather are identified to be within the residence
restriction of a HRSO, the Parole Agent shall use a Global Positioning System
(GPS) measuring device to determine the distance from the residence to the
school and/or park. The distance shall be measured from the primary entrance of
the proposed residence to the nearest exterior property boundary of the school
and/or park.
(5) Supervised persons
shall be advised whether the proposed residence is compliant. If the residence
is noncompliant based on the measurements taken by the Parole Agent, as
described in subsection
3582(e)(4) above,
the actual distance and name of the prohibited public or private school and
method of measurement shall be disclosed to the supervised person upon their
request.
(f) When
probable cause is discovered that a HRSO supervised person, is in violation of
a residence restriction, DAPO shall file a revocation petition in superior
court.
Notes
Cal. Code
Regs. Tit. 15, §
3582
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
290.04,
290.06,
3003,
3003.5,
3008,
3053 and
5054, Penal
Code; Doe v. Schwarzenegger (2007) 476 F.Supp.2d. 1178; In re E.J. (2010) 47
Cal.4th 1258; People v. Lent (1975) 15 Cal.3d 481; and In re Taylor (2015) 60
Cal.4th 1019.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
290.04,
290.06,
3003,
3003.5,
3008,
3053 and
5054, Penal
Code; Doe v. Schwarzenegger (2007) 476 F.Supp.2d. 1178; In re E.J. (2010) 47
Cal.4th 1258; People v. Lent (1975) 15 Cal.3d 481; and In re Taylor (2015) 60
Cal.4th 1019.
1. New
section filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011,
No. 24). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency
language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section
11346.1(g)
(Register 2011, No. 48).
3. New section refiled 12-1-2011 as an
emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code
section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency
language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 12-1-2011 order, including
amendment of subsection (b), repealer of subsection (b)(1), redesignation and
amendment of former subsection (c)(1) as subsection (d), subsection
relettering, redesignation of former subsection (d)(1) as subsection (f) and
subsection relettering, transmitted to OAL 2-27-2012 and filed 4-2-2012
(Register 2012, No. 14).
5. Amendment of section and Note filed
10-10-2016 as an emergency; operative 10-10-2016 (Register 2016, No. 42).
Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 3-20-2017 or emergency
language will be repealed by operation of law on the following
day.
6. Reinstatement of section as it existed prior to 10-10-2016
emergency amendment by operation of Government Code section
11346.1(f)
(Register 2017, No. 19).
7. Amendment of section and Note refiled
5-23-2017 as an emergency; operative 5-23-2017 (Register 2017, No. 21).
Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 8-21-2017 or emergency
language will be repealed by operation of law on the following
day.
8. Certificate of Compliance as to 5-23-2017 order, including
amendment of Note, transmitted to OAL 8-15-2017 and filed 9-25-2017; amendments
effective 9/25/2017
pursuant to Government Code section
11343.4(b)(3)
(Register
2017, No. 39).
9. Change without regulatory effect
amending first paragraph and subsections (d), (e)(1)-(3), (e)(5) and (f) filed
7-1-2024 pursuant to section 100, title 1, California Code of Regulations
(Register
2024, No. 27).
