Section 3652 - Penal Code Section 290 Registrants (Sex Offenders)(a) Any inmate/parolee who is required to register pursuant to Penal Code (PC) section 290 et seq. shall 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. The inmate/parolee shall also register 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. The inmate/parolee shall meet these registration requirements 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. (1) 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 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 parolee shall provide the registering authority with all of the addresses where he or she regularly resides.(2) Beginning on his or her first birthday following registration or change of address, the person shall register annually, within five working days of his or her birthday, to update his or her registration(s). At the annual update, a sex offender registrant shall provide current information as required by the Department of Justice annual update forms and PC section 290.012.(3) The registration requirement shall be for life.(b) Sexually Violent Predators:(1) Every person who has 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 residence and employment addresses at least once every 90 days, including the name of the employer and the place of employment.(2) Any person who has ever been adjudicated a sexually violent predator, and who fails to verify his or her registration at least every 90 days is subject to imprisonment in the state prison, or in the county jail not to exceed one year.(c) Definitions: For the purpose of this section, the following terms are defined: (1) Transient means a person who has no residence.(2) 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.(d) Transient parolees required to register pursuant to PC Section 290 et seq: (1) Following Release: A transient must register, or re-register if the person has previously registered, within five working days after release from incarceration, placement or commitment, or release on probation, 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 re-register as a transient until his or her next required 30-day re-registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she must register or re-register in the jurisdiction in which he or she is physically present on the fifth working day following release.(2) Re-Register: Beginning on or before the 30th day following initial registration upon release, a transient must re-register and continue to re-register, at least once every 30 days. A transient must re-register at least 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 re-registers. A transient shall re-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 present in any of its facilities.(3) Failure to Re-Register: If a transient fails to re-register within any 30-day period, he or she is subject to prosecution in any jurisdiction in which he or she is physically present. Willful failure to re-register within any 30-day period is a misdemeanor, and under some circumstances specified in PC section 290.018(g), is a felony.(4) Annual Update: 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 law enforcement agency or agencies having jurisdiction over the place in which he or she is physically present on that date.(5) Required Information: A transient shall, upon registration, 30-day re-registration, and the annual update, provide current information as required on the Department of Justice registration forms, including the information required by PC section 290.015(a), 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 a 30-day re-registration period, he or she does not need to report the new place or places until the next required registration.(6) Move to Residence: A transient who moves to a residence shall have five working days within which to register at that address.(7) Becomes Transient: A person registered at a residence address who becomes transient shall have five working days within which to register or re-register as a transient.(e) Providing Proof of Registration, Changes and Updates: Every person released on parole who is required to register as a sex offender shall provide proof of registration to his or her parole agent within six working days of release on parole. The six-day period for providing proof of registration may be extended but only upon determination by the parole agent that unusual circumstances exist relating to the availability of local law enforcement registration capability that preclude that person's ability to meet the deadline.(1) Every parolee who is required to register as a sex offender who makes a change or update to his or her registration information shall provide proof of any change or update to his or her parole agent within five working days of making the change or update with the Chief of Police or County Sheriff and if applicable, with the Campus Police Chief.(2) A parole agent who supervises a parolee who is required to register as a sex offender shall inform that parolee of the parolee's duties under this subsection no fewer than six days prior to the date on which proof of registration is to be provided to the parole agent.(3) For the purpose of this section, proof of registration means a photocopy of the actual registration form.Cal. Code Regs. Tit. 15, § 3652
1. New section filed 8-11-2009; operative 9-10-2009 (Register 2009, No. 33). Note: Authority cited: Section 5058, Penal Code. Reference: Sections 290, 290.010, 290.011, 290.012, 290.013, 290.015, 290.85 and 5054, Penal Code.
1. New section filed 8-11-2009; operative 9-10-2009 (Register 2009, No. 33).