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 - High Risk Sex Offenders
Section 3582 - High Risk Sex Offender Residence Restrictions

Universal Citation: 15 CA Code of Regs 3582

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

Supervised persons who are required to register as sex offenders pursuant to PC sections 290 through 290.023, inclusive, and who have been designated as HRSO by the Department, are subject to residence restrictions as specified in this section and as defined in section 3571.

(a) A HRSO released on parole who is required to register pursuant to PC sections 290 through 290.023, inclusive, 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. A residential facility located within a single family dwelling which serves six or fewer persons shall be excluded from this restriction.

(b) A HRSO released on parole on or after November 8, 2006 who is required to register pursuant to PC sections 290 through 290.023, inclusive, and whose current commitment to the Department is for a conviction for a violation of PC section 288, inclusive of any subsection, or PC section 288.5, shall not reside within one-half mile of any public or private school, kindergarten through grade 12, inclusive.

(c) A HRSO who has a juvenile adjudication for PC section 288, inclusive of any subsection, or PC section 288.5, is not subject to the provisions of PC section 3003(g); however, may have a residence restriction imposed pursuant to section 3571.

(d) A HRSO, released on parole on or after November 8, 2006 who is required to register pursuant to PC sections 290 through 290.023, inclusive, and who does not have a current or prior conviction for a violation of PC section 288, inclusive of any subsection, or PC section 288.5 may have a residence restriction imposed pursuant to section 3571. A residence restriction shall not be imposed unless it is supported by circumstances found in the supervised person's criminal history as described in section 3571.

(e) Residence Verification and Approval. 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 intends to reside upon verification and approval of the Parole Agent.

(3) The Parole Agent shall utilize available resources identified in subsections 3571(e)(3)(A) through 3571(e)(3)(E) to identify any public or private schools located approximately within one-half mile of the supervised person's proposed residence.

(4) If any public or private schools and/or parks where children regularly gather are identified to be within the residence restriction of a HRSO, 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. If the residence is noncompliant based on the measurements taken by the Parole Agent, as described in subsection 3582(e)(4) above, the actual distance and name of the prohibited public or private school and method of measurement shall be disclosed to the supervised person upon their request.

(f) When probable cause is discovered that a HRSO supervised person, is in violation of a residence restriction, DAPO shall file a revocation petition in superior court.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.04, 290.06, 3003, 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; and In re Taylor (2015) 60 Cal.4th 1019.

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