Cal. Code Regs. Tit. 15, § 3653 - Penal Code Section 457.1 Registrants (Arson Offenders)

(a) The following offenders convicted of arson, a violation of Penal Code (PC) section 451, 451.5 or 453, and offenders convicted of attempted arson, which includes but is not limited to, a violation of PC section 455, shall register:

(1) Any offender who, on or after November 30, 1994, is convicted in any court in California of arson or attempted arson shall be required to register for the rest of their life.

(2) Any offender who, on or after January 1, 1985 through November 29, 1994, inclusive, is convicted in any court in California of arson or attempted arson, shall be required to register for a period of five years beginning, in the case where they were confined for the offense, from the date of their release from confinement, or if they were not confined for the offense, from the date of sentencing or discharge if they were ordered by the court at the time of sentencing to register as an arson offender.

(b) Registration Timing and Jurisdiction(s) Where to Register: Offenders with a registration obligation under subsection (a) above must register within 14 days of coming into or changing residence or location within any city, county, city and county, or campus where they temporarily resides, or if they have no residence, is located with the following law enforcement:

(1) Chief of Police: If the person is residing in a city, or if the person has no residence and is located in a city, he or she must register with the Chief of Police of the city where he or she is residing or located, or;

(2) Sheriff: If the person is residing in an unincorporated area or in a city that does not have a police department, or if the person has no residence and is located in an unincorporated area or in a city that does not have a police department, he or she must register with the Sheriff of the county where the person is residing or located.

(3) Chief of Police, Campus: If the person is residing at a campus of the University of California, the California State University, or a community college, or if the person has no residence and is located at one of these places, he or she must register with the Chief of Police of that campus, in addition to registering with either the Chief of Police or Sheriff.

(c) Information: Law enforcement agencies shall make registration information of arson registrants required to register under subsection (a)(2) above available to the chief fire official of a legally organized fire department or fire protection district having local jurisdiction where the person resides. Law enforcement agencies are permitted to make registration information of arson registrants required to register under both (a)(1) and (a)(2) above available to regularly employed peace officers and to other law enforcement officers, including those employed by fire departments and fire protection districts.

(d) Change of Residence: If an arson offender required to register by PC section 457.1 changes their residence address, they shall inform, in writing, within 10 days, the law enforcement agency with whom they last registered of their new address. The law enforcement agency is obligated to, within three days after receipt of the information, electronically forward it to the Department of Justice. The Department of Justice is obligated to forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence.

(e) Violations:

(1) Any offender required to register who violates any of the provisions of PC section 457.1 is guilty of a misdemeanor.

(2) Any offender who has been convicted of arson or attempted arson and who is required to register who willfully violates any provisions of PC section 457.1 is guilty of a misdemeanor and is subject to being sentenced to a term of not less than 90 days nor more than one year in a county jail.

(3) Whenever any person is released on parole and is required to register under PC section 457.1 but fails to do so within the required timeframe, the Board of Parole Hearings is obligated to order the parole of that person revoked.

(f) Relief from Obligation to Register: A person required to register may initiate a legal proceeding under the Penal Code, Chapter 3.5, beginning with section 4852.01 of Title 6, Part 3, and upon obtaining a certificate of rehabilitation, shall be relieved of any further duty to register under this section for the offense(s) giving rise to the certificate of rehabilitation.

Notes

Cal. Code Regs. Tit. 15, § 3653

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 451, 451.5, 453, 455, 457.1 and 5054, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 451, 451.5, 453, 455, 457.1 and 5054, Penal Code.

1. New section filed 8-11-2009; operative 9-10-2009 (Register 2009, No. 33).
2. Change without regulatory effect amending subsections (a)(1)-(b) and (d) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).