California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 6 - Adult Parole
Article 6.5 - Transient Sex Offender Supervision
Section 3590 - Transient and Residence Determination

Universal Citation: 15 CA Code of Regs 3590

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) To establish a residence pursuant to Penal Code (PC) section 290.011, a supervised person must regularly reside at a location or locations. The complete set of circumstances will be considered to determine whether a supervised person has established a residence or whether the supervised person is a transient sex offender as defined in section 3000. For the purposes of this section, a supervised person who spends one day or one night in 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, may be determined to have established a residence if other circumstances are present. These circumstances include, but are not limited to:

(1) The supervised person resides one day or night at the same address every week, for multiple consecutive weeks, thus establishing a pattern of residency.

(2) The supervised person resides two or more consecutive days or nights at the same address, or two or more days or nights at the same address in a period that would appear to establish a pattern of residency.

(3) The supervised person is in possession of a key to an address where they are located and there is evidence of a pattern of residency.

(4) Upon contacting the supervised person at an address where they are located or has been residing, evidence exists that they have established residency. Evidence would include, but is not limited to, clothing in a closet or drawer, toiletries in a bathroom, or information from occupants and/or neighbors. Such evidence may establish a pattern of residency.

(b) When determining whether a residence has been established, the Parole Agent shall utilize all available resources and information. If a review of the complete set of circumstances indicates residency has been established, and a reasonable and prudent Parole Agent reviewing the same information would draw the same conclusion, then a residence has been established. After a transient sex offender establishes a residence, they are no longer recognized as transient, and:

(1) Continues to have a lifetime obligation to register as a sex offender, but is subject to the registration requirements as provided under PC section 290.010.

(2) May be subject to residency restrictions as described in sections 3571 and 3582.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.010, 290.011, 3003 and 5054, Penal Code.

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