Section 3652 - Penal Code Section 290 Registrants (Sex Offenders)(a) Any incarcerated or supervised person 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 they are residing, or the Sheriff of the county if they are residing in an unincorporated area or city that has no police department. The incarcerated or supervised person shall also register with the Chief of Police of a campus of the University of California, the California State University, or community college if they are residing upon the campus or in any of its facilities. The incarcerated or supervised person shall meet these registration requirements within five working days of coming into, or changing their residence within, any city, county, or city and county, or campus in which they temporarily resides.(1) If the person who is registering has more than one residence address at which they regularly resides, they shall register in each of the jurisdictions in which they regularly resides, regardless of the number of days or nights spent there. If all of the addresses are within the same jurisdiction, the supervised person shall provide the registering authority with all of the addresses where they regularly resides.(2) Beginning on their first birthday following registration or change of address, the person shall register annually, within five working days of their birthday, to update their 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 their release from custody, verify their 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 their 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 supervised persons 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 supervised person who is required to register as a sex offender who makes a change or update to their registration information shall provide proof of any change or update to their 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 supervised person who is required to register as a sex offender shall inform that supervised person of the supervised person'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
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.
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).
2. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).