Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Sex offenders may be subject to residence restrictions as
specified in this section with the approval of the Unit Supervisor, on a
case-by-case basis based on the particularized circumstances of each individual
supervised person.
(a) Definitions.
For the purposes of this section, the following terms are defined:
(1) Park means an outdoor public area used
primarily for recreational purposes. A determination of whether an area is a
park shall not be limited to a consideration of whether the area includes a
play structure, athletic field or court, or any other particular
characteristic, but shall be based on an overall evaluation of whether the area
is used for recreational purposes.
(2) Regularly means occurring on a recurring
basis.
(3) Gather means to
congregate or come together with one another.
(4) Park where children regularly gather
means a park, as described in section
3571(a)(1), where
persons under the age of 18 congregate or come together with one another either
with or without parental or guardian supervision.
(5) Public Area means an area that any
governmental entity owns, operates, leases, rents, or otherwise legally
controls as if owned by the governmental entity. "Governmental entity," for the
purposes of this section, includes, but is not limited to: the United States,
any state, any county, any city, any special district, or any subdivision
thereof.
(6) Residence restriction
means a condition of parole, or an instruction from the Parole Agent
prohibiting a supervised person from residing at a location based on criteria
related to the residence and the supervised person's specific individual
circumstances pursuant to subsection
3571(b).
(b) The Unit Supervisor must approve a
residence restriction that was proposed by the Parole Agent before it is
imposed on a sex offender. Any residence restriction that will prohibit a
supervised person from residing within any distance of a park where children
regularly gather, public or private school serving any grades of kindergarten
through 12, or other location decided upon by the Parole Agent shall be
justified based on a connection between the supervised person's commitment
offense, criminal history, and/or future criminality, to be determined on a
case-by-case basis.
(c) A sex
offender 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.
(1) A residential facility located within a
single family dwelling which serves six or fewer persons shall be excluded from
this restriction.
(d) A
sex offender released on parole shall not be subject to a residence restriction
in addition to subsections
3571(b) and
3571(c) above, or
required by section
3582, unless that residence
restriction is supported by circumstances found in the supervised person's
criminal history.
(e) Residence
Verification and Approval. The Division of Adult Parole Operations (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 intend to reside
upon verification and approval of the Parole Agent.
(3) The Parole Agent shall utilize available
resources to identify any public or private schools and parks where children
regularly gather, to determine if any will fall within any residence
restrictions imposed on the supervised person. Available resources that may be
considered include, but are not limited to:
(A) The California Department of Education's
website, which lists public, private, and charter (a category of public)
schools.
(B) Internet directories
and navigation system services, such as MapQuest and Google services, which
list public schools by district, including city and/or county public school
directories.
(C) Listings provided
by city halls that include local schools and parks.
(D) Resources available on the internet, such
as satellite maps.
(E) Observations
from site visits or familiarity with the community.
(4) If any public or private schools and/or
parks where children regularly gather are identified to be within the residence
restriction, 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 with the residence
restriction. If the residence is noncompliant based on the measurements taken
by the Parole Agent, as described in subsection
3571(e)(4) above,
the actual distance and name of the prohibited public or private school, or
park where children regularly gather, and method of measurement shall be
disclosed to the supervised person upon their request.
(f) A supervised person who has a special
condition of parole prohibiting contact with specified minors shall not be
allowed to reside in any residence where a minor with whom the supervised
person is prohibited from having contact also resides.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
290.04,
290.06,
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; People v. Dominguez (1967)
256 Cal.App.2d 623; United States v. Wolf Child (9th Cir. 2012), 699 F.3d 1082;
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,
3003.5,
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; People v. Dominguez (1967)
256 Cal.App.2d 623; United States v. Wolf Child (9th Cir. 2012), 699 F.3d 1082;
and In re Taylor (2015) 60 Cal.4th 1019.
