LEGISLATIVE SUBCOMMITTEE
Staff Report
Meeting Date: May 9, 2023
To: Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Staff Contact: Jason Haber, Intergovernmental Affairs Director jason [email protected], 442-339-2958
Subject: California's Megan's Law - CA Penal Code § 290.46 District: All
Recommended Action
Receive an informational update and overview of California's Megan's Law (Penal Code§ 290.46}, including rules governing where sex offenders can reside, and suggestions about what cities and the public can do to help ensure community safety, and provide feedback.
Discussion
On April 11, the Legislative Subcommittee requested to have an item placed on a future meeting agenda to receive a presentation about California's Megan's Law - Penal Code§ 290.46 (Exhibit 1) and what the city can do to promote community safety as !t relates to sex offenders living in the city. Subcommittee members raised concerns about sex offenders living near parks and schools and recent changes in the law regarding where people can reside.
County staff from the San Diego District Attorney's Office Sex Crimes & Human Trafficking Division and the Sexual Assault Felony Enforcement (S.A.F.E.} Task Force will provide an informational update and a Carlsbad Police Department representative will be available to answer questions.
According to the California Department of Justice Megan's Law Website (www .meganslaw.ca.gov}:
California's Megan's Law was enacted in 1996 Penal Code§ 290.46. It mandates the California Department of Justice (CA DOJ} to notify the public about specified registered sex offenders.
Megan's Law also authorizes local law enforcement agencies to notify the public about sex offender registrants found to be posing a risk to public safety. Megan's Law is named after seven-year-old Megan Kanka, who was raped and killed by a known child molester who had moved across the street from the family without their knowledge. In the wake of that tragedy, the Kankas sought to have local communities warned about sex offenders in the area. All states in the U.S. now have some form of Megan's Law.
By law, persons convicted of specified sex crimes are required to register as sex offenders with a local law enforcement agency. Prior to release from prison, jail, a mental hospital, or on probation, sex offenders who are required to register are notified in writing of their duty to register. This information is then forwarded to DOJ. When a sex offender is released into the community, he or she must register within 5 working days at the law enforcement agency having jurisdiction over his or her residence. The registering agency forwards the registration information to DOJ.
May 9, 2023 Item #3 Page 1 of 15
Registered sex offenders are required to update their information annually with local law enforcement , within five working days before or after their birthday . Some sex offenders must update their information more often : transients must update every 30 days and sexually violent predators must update every 90 days. The California Sex Offender Registry keeps track of the next required update, and if a registered sex offender is in violation of the update requirements, this website will show the registrant as being in violation .
When registrants change their residence address or become transient (homeless), they are required to update their registration information within five working days with a local law enforcement agency. The local agency then forwards this information to DOJ. DOJ updates this website on a daily basis based upon the information received from local law enforcement agencies.
Pursuant to Penal Code § 290.46, sex offender information is displayed according to specific posting categories based upon conviction . The home address category requires that the home address of the offender be posted. The ZIP Code category requires that the offender's ZIP Code, city and county be posted but not his or her home address. The conditional home address category requires that some offenders be moved from the ZIP Code category to the home address category upon conviction of another registrable offense. There is also a category of registered sex offenders that cannot, by law, be displayed on the Megan's Law website.
However, those offenders are still required to register as sex offenders with local law enforcement agencies.
Certain offenders can apply to be excluded from this website pursuant to Penal Code § 290.46, subdivision (d). Offenders who successfully complete probation for an offense in which the victim was their child, stepchild, sibling, or grandchild, and which did not involve either oral copulation or penetration of the victim, may also be granted exclusion. Beginning January 1, 2012, exclusion cannot be granted unless the person's risk level on the state static risk assessment instrument is low or moderate -low . Offenders in this category must also register as a sex offender with a local law enforcement agency.
The California Departmen t of Justice has compiled a guide for registered sex offenders to help them be aware of additional laws that pertain to their legal responsibilities and restrictions in California (Exhibit 2). They may be prosecuted for failing to comply with laws prohibiting them from being on a school campus or that relate to working with minors. This guide is intended as a general overview of the additional responsibilities and restrictions which apply to them but there may be other laws that relate to registered sex offenders which are not listed here.
The California Department of Justice Megan's Law Website (www .meganslaw.ca.gov) also provides several "Tips on Protecting Yourself, Your Family and Your Community " (Exhibit 3).
Next Steps
To be determined based upon Subcommittee feedback.
May 9, 2023 Item #3 Page 2 of 15
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. California's Megan's Law - Penal Code§ 290.46
2. Additional Laws Pertaining to Registered Sex Offenders in California
3. California Department of Justice: Tips on Protecting Yourself, Your Family, and Your Community May 9, 2023 Item #3 Page 3 of 15
(i;) STATE Of CA LI FORNIA
1[f;(,/tUl' AUTHENTICATED
f\Utt \ + ELECTRONIC LEGAL MATERIAL
State of California
PENAL CODE
Section 290.46
Exhibit 1
290.46. (a) (1) On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an internet website as specified in this section. The department shall update the internet website on an ongoing basis.
All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the internet website. The name or address of the person 's employer and the listed person's criminal history other than the specific crimes for which the person is required to register shall not be included on the internet website. The internet website shall be translated into languages other than English as determined by the department.
(2) (A) On or before July 1, 2010, the Department of Justice shall make available to the public, via an internet website as specified in this section, as to any person described in subdivision (b ), the following information:
(i) The year of conviction of the person's most recent offense requiring registration pursuant to Section 290.
(ii) The year the person was released from incarceration for that offense.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B) (i) Any state facility that releases from incarceration a person who was incarcerated because of a crime for which the person is required to register as a sex offender pursuant to Section 290 shall, within 30 days ofrelease, provide the year of release for the person's most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. (ii) Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which the person is required to register shall, within 30 days ofrelease, advise the Department of Justice of that fact. (iii) Any state facility that, prior to January I, 2007, released from incarceration a person who was incarcerated because of a crime for which the person is required to register as a sex offender pursuant to Section 290 shall provide the year of release for the person's most recent offense requiring registration to the Department ofJustice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is cunently maintained in an electronjc format.
May 9, 2023 Item #3 Page 4 of 15
(iv) Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for wmch the person is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3) The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release. (b) (1) With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2), or who is a tier three offender as described in paragraph (3) of subdivision (d) of Section 290, the Department of Justice shall make available to the public via the internet website the person 's name and known aliases, a photograph , a physical description , including gender and race, date of birth, criminal hjstory, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a), except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the internet website.
The department shall also make available to the public via the internet website the person's static SARATSO risk level, if any, and information on an elevated risk level based on the SARATSO future violence tool. Any registrant whose information is listed on the public internet website on January I, 2022, by the Department of Justice pursuant to trus subdivision, may continue to be included on the public internet website wmle the registrant is placed in the tier-to-be-determined category described m paragraph (5) of subdivision ( d) of Section 290.
(2) Thjs subdivision shall apply to the following offenses and offenders:
(A) Section 187 committed in the perpetration , or an attempt to perpetrate , rape or any act punishable under Section 286, 287, 288, or 289, or former Section 288a. (B) Section 207 committed with intent to violate Section 261 , 286, 287, 288, or 289, or former Section 288a.
(C) Section 209 committed with intent to violate Section 261 , 286, 287, 288, or 289, or former Section 288a.
(D) Paragraph (2) or (6) of subdivision (a) of Section 261. (E) Section 264.1.
(F) Section 269.
(G) Subdivision ( c) or ( d) of Section 286.
(H) Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony. (I) Subdivision ( c) or ( d) of Section 287 or of former Section 288a. (J) Section 288.3, provided that the offense is a felony.
May 9, 2023 Item #3 Page 5 of 15
(K) Section 288.4 , provided that the offense is a felony. (L) Section 288.5 .
(M) Subdivision (a) or (j) of Section 289.
(N) Section 288.7.
(0) Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code. (P) A felony violation of Section 311.1.
(Q) A felony violation of subdivision (b ), ( c ), or ( d) of Section 311.2. (R) A felony violation of Section 311.3.
(S) A felony violation of subdivision (a), (b), or (c) of Section 311.4 . (T) Section 311. l 0.
(U) A felony violation of Section 311.11 .
(V) A tier three offender, as described in paragraph (3) of subdivision (d) of Section 290.
(c) (]) With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2) of subdivision (d) of Section 290 and who is a tier two offender, and with respect to a person who has been convicted of the commission or the attempted commission of Section 647.6, the Department of Justice shall make available to the public via the internet website the person 's name and known aliases , a photograph , a physical description , including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient , and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides, except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the internet website.
Any registrant whose information is listed on the public internet website on January 1, 2022 , by_ the Department of Justice pursuant to this subdivision may continue to be included on the public internet website while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
(2) Any registrant whose information was not included on the public internet website on January 1, 2022 , and who is placed in the tier-to-be-determined category desc~ibed in paragraph (5) of subdivision (d) of Section 290 may have the information described in this subdivision made available to the public via the public internet website .
(d) (l) (A) An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the internet website if the offender demonstrates that the person 's only registerable offense is either of the following:
(i) An offense for which the offender successfully completed probation , provided that the offender submits to the department a certified copy of a probation report , presentencing report, report prepared pursuant to Section 288.1 , or other official court document that clearly demonstrates that the offender was the victim 's parent , May 9, 2023 Item #3 Page 6 of 15
stepparent , sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreig n object.
(ii) An offense for which the offender is on probation at the time of the offender 's application , provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim 's parent, stepparent , sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object. (B) If, subsequent to the offender 's application , the offender commits a violation of probation resulting in the offender 's incarceration in county jail or state prison , the offender 's exclusion , or application for exclusion, from the internet website shall be terminated.
(C) For the purposes ofthis paragraph, "successfully completed probation" means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison. (2) If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision , the department shall rescind the exclusion , make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the internet website as provided in this section .
(3) Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that the person has a SARATSO risk level of average, below average, or very low as determined by the Coding Rules for the SARATSO static risk assessment instrument.
( e) (I) A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an internet website as specified in paragraph (2), provided that the information about that person is also displayed on the Department of Justice 's Megan 's Law internet website. (2) The law enforcement entity may make available by way of an internet website the information described in subdivision ( c) if it determines that the public disclosure of the information about a specific offender by way of the entity 's internet website is necessary to ensure the public safety based upon information available to the entity concerning the current risk posed by a specific offender, including the offender 's risk of sexual or violent reoffense, as indicated by the person 's SARATSO static, dynamic , and violence risk levels, as described in Section 290.04, if available. (3) The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offender's May 9, 2023 Item #3 Page 7 of 15
address may not be disclosed unless the offender is a person whose address is on the Department of Justice' s internet website pursuant to subdivision (b). (f) For purposes of this section, "offense" include s the statutory predecessors of that offense , or any offense committed in another juri sdiction that, if committed or attempted to be committed in this state , would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(g) Notwi thstanding Section 7921.505 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Division 10 ( commencing with Section 7920.000) of Title 1 of the Government Code and does not affect other statutory restriction s on disclo sure in other situations. (h) ( 1) Any person who uses information disclosed pursuant to thjs section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed , a fine of not less than ten thousand dollar s ($10,000) and not more than fifty thousand dollar s ($50 ,000).
(2) Any person who uses information disclo sed pursuant to this section to commit a felony shall be punished, in addition and consecutive to any other punishment , by a five-year term of impri sonment pursuant to subdivision (h) of Section 1170. (i) Any person who is required to register pursuant to Section 290 who enters an internet website established pursuant to thls section shall be punished by a fine not exceeding one thousand dollars ($ 1,000), imprisonment in a county jail for a period not to exceed six months , or by both that fine and imprisonment. (j) (I) A person is authorized to use information disclosed pursuant to thjs section only to protect a person at risk.
(2) Excep t as authorized under paragraph (1) or any other provision oflaw, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohlbited:
(A) Health insurance.
(B) Insurance .
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowsrups.
(G) Housing or accommodations.
(H) Benefits, privile ges, or service s provided by any business establishment. (3) Thls section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3 of this code, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financia l Code, Sections 1522.0 1 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4) (A) Any use of information disclosed pursuant to this sect ion for purposes other than those provided by paragraph (I) or in vio lation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage , and not less than two hundred fifty dollar s ($250), and attorney's fees, May 9, 2023 Item #3 Page 8 of 15
exemplary damages, or a civil penalty not exceeding twenty-five thousand dol lars ($25,000).
(B) Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an internet website established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction , restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, includ ing Part 2 ( commencing with Section 43) of Division I of the Civil Code.
(k) The public notification provisions of this section are appl icable to every person described in this section, without regard to when the person 's crimes were committed or the person 's duty to register pursuant to Section 290 arose , and to every offense described in this section, regardless of when it was committed. ([) A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(m) The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the publ ic in understanding and using public ly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries , neighborhood and business guidelines for how to respond to information posted on this internet website, and any other resource that promotes public education about these offenders.
(n) This section shall become operative on January 1, 2022. (Amended (as amended by Stats.20 18, Ch. 423, Sec. 58) by Stats. 2021, Ch. 615, Sec. 333. (AB 474) Effective January I, 2022. Operative January I, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) May 9, 2023 Item #3 Page 9 of 15
ADDITIONAL LAWS PERTAJNrNG TO REGISTERED SEX OFFEND ERS IN CAUFORNIA 11
1. International Travel
Exhibit 2
In order to satisfy federa l law (42 U.S.C. § 16914(a)), registrants who plan to travel outside of the United States (i.e., international travel) should provide at least 21 days advance written notice of their travel plans to the local law enforcement agency having jurisdiction over their residence. The written notice should include dates of trave l and travel destination. Forms are available at the local registering agency to document notice of intention to travel internationalJy.
2. Campus Registration
Sex offender registrants who are enrolled as students or employed by, or who carry on a vocation or volunteer at a university, college, community college, or other institution of higher learning (including a certificate program, such as cosmetology or massage therapy , that takes at least 12 months to comp lete), must register with the campus police department.
If the campus /institution does not have a police department , the registrant must register with the local law enforcement agency having jurisdiction over the campus /institution. (Pen.
Code , § 290.01.)
2. Proof of Registration to Probation/Parole Officer
Registrants who are on probation or parole must provide proof of registration to their probation or parole officer within six working days of release on probation or parole.
Probationers /parolees must provide proof of any change in information or annual update to his or her registration information to his or her probation or parole officer at the next scheduled supervision appointment. (Pen. Code, § 290.85.)
3. Registrant Whose Victim was under 16 Cannot Work with Children Registrants whose sex offense conviction was for a crime where the victim was a minor under age 16 cannot be an employer, employee, independent contractor , or volunteer with any person, group or organization where the registrant would be working directly and in an unaccompanied setting with minor chi ldren on more than an incidental and occasiona l basis or have superv ision or disciplinary power over minor children. This prohibition shall not apply to a business owner or independent contractor who has the abi lity to hire, fire, or discipline minors , but who does not work directly in an unaccompanied setting with minors.
It does include those who provide goods or serv ices to children . Misdemeanor penalty. (Pen . Code,§ 290.95 .)
I. These laws apply in addition to the provision s of Penal Code section 290.
Rev. 12/16
May 9, 2023 Item #3 Page 10 of 15
4. Registrant Whose Victim Was 16 or Older Must Notify Employer or Volunteer Organization Before Working with Children
Registrants must disclose their status as registered sex offenders before they can be an employee or volunteer with any person , group or organization where the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis, or who would have supervision or disciplinary power over minor children , and whose sex offense conviction was for a crime in which the victim was age 16 or older. (Pen. Code,§ 290.95.) Also, the registrant cannot work with children even if another adult is present if he or she would have to touch the children on a more than occasional basis, effective January 1, 2007. (Pen. Code, § 290.95.) Misdemeanor penalty .
5. Certain Parolees Cannot Reside Near Schools
A registrant convicted pursuant to Penal Code section 288 or 288.5 ( child molest/recurring child molest) who is a parolee on a high risk CDC-R caseload shall not be placed or reside , during parole, within 1/2 mile of any school including any or all of kindergarten and grades 1 through 8, inclusive. (Pen. Code, § 3003 , subd. (g).)
6. Registrants Need Lawful Purpose and Written Permission to Be on School Campus A registrant must not be on a school campus (grades K-12) unless he or she has both a lawful purpose and written permission from the school's chief administrative officer indicating the date or dates and times for which permission has been granted. Additionally , if the registrant is not a family member of a student who attends the school , the school's chief administrative officer must notify the parents or guardians of every child attending the school that permission was granted. (Pen. Code, § 626.81.)
7. Registrants Cannot Live Together in Single Family Dwellings Unless Related By Blood A registrant who is on parole for any registrable offense may not, during parole , reside in any single family dwelling with any other person also required to register pursuant to Penal Code section 290, unless those person s are legally related by blood, marriage or adoption. "Single family dwelling" does not include a residential facility which serves six or fewer persons. (Pen. Code, §3003.5.)
8. Registrants Must Disclose Status as Registrant to Community Care Facility Sex offender registrants must disclose their registration status to the licensee of a community care facility before they enter such a facility , pursuant to Health and Safety Code section 1522.01. (A hospital is not a community care facility.) A community care facility is defined in Health & Saf. Code section 1502 as any facility , place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children , adults, or children and adults , including , but not limited to, the physically handicapped , mentally impaired, incompetent person s, and abused or neglected children, and includes the following: residential facility; adult day program; therapeutic day services facility . (Health & Saf. Code, § 1502.).
Rev. 12/16
May 9, 2023 Item #3 Page 11 of 15
Additionally, a registered sex offender cannot live in a community care faci lity that is within one mile of a school. (Health & Saf. Code , § 1564.)
9. Registrants Must Disclose Status and Proof Of Registration to Long-Term Health Faci lity Officials in charge of confinement of a person required to register as a sex offender must notify in writing, at least 45 days prior to release to a long-term health facility, the facility of the fact that the person being placed there upon release is a registrant. (Health & Saf. Code , § 1312). The registrant is also required to notify the faci lity of his status as a registrant , on the same day he or she registers as a sex offender , and provide the facility with proof of registration or re-registration . The fac ility is then required to immediately provide notice to full-time emp loyees and residents, or responsible persons for incompetent residents , of the presence of the registrant. (Stats. 2005, ch. 466 (AB 217), effective 1-1-06.)
10. Living Within 2000 Feet of a School or Park Where Children Regularly Gather Penal Code section 3003.5(b) , the law enacted by ballot initiative in 2006 prohibiting registered sex offenders from living within 2,000 feet of a school or park , was held unconstitutional in 2015. The California Supreme Court found that when there was insufficient affordab le housing for registrants, the law had the opposite effect on public safety intended by creating a homeless population of transient sex offenders. CDCR now applies the residency restriction to parolees only on a case by case basis. In 2016, an appellate court ruled that the residency restriction does not apply to registrants on probation as a blanket restriction. The California Supreme Court had earlier ruled this law applied only to persons who were released from custody after November 7, 2006, rather than basing retroactivity on when the registrant gained a residence with in the 2000 foot zone. Today, the restriction only applies if it is imposed as a probation or parole condition , based on an individual offender's record.
11. GPS Units for Persons Released on Parole for Life
A second law enacted by initiative (Proposition 83) on November 8, 2006, requires felony registered sex offenders who go to prison and are released on parole to wear a GPS unit, either for the period of parole or for life-the legislation is unclear and the courts will determine whether the lifetime period applies. Again , since the legislation was not made retroactive , at a minimum it does not app ly to persons who were already released from prison before November 8, 2006, but applies only to persons paroled after that date. It is possible a court could rule it applies only to persons whose offenses were committed after the law's enactment. It has been the opinion of the Attorney General that the law did not create a crim inal offense. Thus, while a parolee may be violated for refusing to wear a GPS, it is unclear how this law can be enforced as to persons no longer on parole.
12. Loitering Near Schools or Elder/Dependent Adult Facilities Registered sex offenders may not loiter near schoo ls or elder/dependent adult fac ilities. (Pen. Code, § 653b , 653c.)
Rev. 12/ 16
May 9, 2023 Item #3 Page 12 of 15
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Tips on Protecting Yourself, Your Family, and Your Communi ty For Parents
• Inform children that it is wrong for anyone to ask them to engage in sexua l activity.
• Stress to your chi ld that he or she should feel comfortable telling you anything, especia lly if it invo lves another adult. If your child does not feel comfortab le being complete ly honest with you, then together you should find another trusted adult your child can talk to in confidence. • Make an effort to know the people with whom your child is spending time.
• Knowledge is power. This is especially true for protecting · children from sexual assault. Teach your children about their bodies , give them the correct language to use when describing their private parts. Emphasize that those parts are private .
• Make sure you know where each of your chi ldren are at all times. Know your children's friends and be clear with your children about the places and homes that they may visit. Make it a rule that your children check in with you when they arrive at or depart from a particular location and when there is a change in plans. You should also let them know when YOU are running late or if your plans have changed so that they can see the rule is for safety purposes and not being used to "check up" on them.
• Be involved in your children's activ ities. As an active participant, you will have a better opportunity to observe how the adults in charge interact with your children. If you are concerned about anyone 's behavior, take it up with the spon soring organization.
• Talk to your children about persona l safety issues as they relate to child sexual abuse . Do this when you talk to your children about bike safety, crossing the street, or talking to strangers. It is, in many ways, just another personal safety rule about which children need to be aware. • Listen to your children. Pay attention if they tell you that they do not want to be with someone or go somewhere. This may be an indication of more than a personality conflict or lack of interest in the activ ity or event.
• Notice when someone shows one or all of your children a great deal of attention or begins giving them gifts. Take the time to talk to your May 9, 2023 Item #3 Page 13 of 15
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children about this person and find out why the person is acting in this way.
• Teach your children that they have the right to say NO to any unwelcome, uncomfortable, or confusing touch or actions by others.
Teach them to tell you immediately if this happens. Reassure them that you are there to help and it is okay to tell you anything. • Be sensitive to any changes in your children's behavior or attitude.
Encourage open communication and learn how to be an active listener .
Look and listen to small cues and clues that something may be troubling your children, because children are not always comfortable disclosing disturbing events or feelings. This may be because they are concerned about your reaction to their problems. If your children do confide problems to you, strive to remain calm, non-critical, and nonjudgmental. Listen compassionately to the ir concern and work with them to get the help they need to resolve the problem.
• Be sure to screen babysitters and caregivers. Many states now have public registries that allow parents to screen individuals for prior criminal records and sex offenses. Check references with other families who have used the caregiver or babysitter . Once you have chosen the caregiver, drop in unexpected ly to see how your children are doing. Ask you r children how the experience with the caregiver was, and listen carefully to the ir responses.
• Never leave children unattended in an automobile, whether it is running or not. Children should never be left unsupervised or allowed to spend time alone, or with others, in automobiles, as the potential dangers to their safety outweigh any perceived convenience or "fun." Remind children NEVER to hitchhike, approach a car or engage in a conversation with anyone in a car who they do not know or trust, or go anywhere with anyone without getting your permission first.
• Practice basic safety skills with your children. Make an outing to a mall or a park a "teachab le" experience in which your children can practice checking with you, going to the restroom with a friend, and locat ing the adults who can help if they need assistance. Remember that allowing your children to wear clothing or carry items in public on which their name is displayed can bring about unwelcome attention from inappropriate people who may be looking for a way to start a conversation with your children.
• Remember that there is no substitute for your attention and supervision.
Being availab le and taking time to really know and listen to your children helps build feelings of safety and security.
• Adolescence is a scary time, and one in which teenagers are most at risk for sexual assault. Prepare for the possibil ity that as adolescents, they may engage in some risk- taking behavior and try to minimize that risk by educating them about the danger of sexual assault by friends, acquaintances, or others. This danger is enhanc ed when teenagers are using drugs or alcohol.
• Encourage your teenager to trust her or his instincts and if a situation make s him or her uneasy, to get out of it.
• Stress to them that they can always talk to you if they have been hurt or scared (regardless of the circumstances surrounding the incident). • Reassure teens that regardles s of their own behavior, they are never to blame for sexua l assault. For example, colleges must reassure victims that there will be an amnesty policy regarding disciplinary action for illegal use of alcohol or drugs when a sexua l assault has occurred, or victims may not report out of fear of the consequences to themselv es.
For Everyone
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(Education_MythsAndFacts .aspx)
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Tips on Protecting Yourself, Your Family, and Your Community For Parents
For Everyone
• Trust your inst incts when you are with someo ne about whom you fee l uncomfortable (e.g., in an elevator, in a car, in your home). This can be especially difficult for both chi ldren and adu lts who have been socialized to be polite.
• Do not talk yourself out of feeling uncomfortable being alone with someone simp ly because he or she is an acquaintance or a friend of a friend. Most sexual abusers are someone the victim know s and may even trust. Be wary of friends or dates who test your boundaries by making unwanted physical advances to you and then ignore or minimize your protests and other signs that you do not like their behavior. • Talk openly about the sexual assault of adults and children, men, women, boys, and girls.
• Understand t he issues involved in sexua l assau lt. Know the stat istics. • Assume preventing sexua l assault is everyo ne's responsib ility. • Increa se your know ledge about risk reduction measures you can take to protect yourself.
• Invite your local law enforcement, probation/ parole department, rape crisis center, or child abuse preven t ion organization to a neighborhood discussion group to learn about the issue and to process people' s emotion s.
• Get to know your neighbor s.
• Organize neighborhood block watches, if desire d by your neighbors . • Do not wait until you are informed that a sex offender is living nearby to begin educati ng yourself and fami ly on issues of sex ual assault. • Beware of the med ia's ability to sensationa lize the most horrific of stories concern ing the sexual assault of children or adults. These stories, while real and very frighten ing, are not the norm.
California Sex Offender
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MEGAN’S LAW
IN CALIFORNIA
DDA ALEX WILLETT
HISTORY AND PURPOSE
CA has the oldest sex offender registration system in the US (1947) • Today there are over 120k registrants.
• Different than Megan’s Law
“Megan’s Law” is a compilation of Federal Laws (1996)
• Require law enforcement make certain info available to the public • AKA community notification system
• Response to the murder and rape of Megan Kanka
HISTORY AND PURPOSE
CA passed series of “Megan’s Laws” (1996)
• Expanded public disclosures AND reduced expectation of privacy for sex offenders • In the interest of public safety
• In order to protect vulnerable populations from harm and prevent recidivism Megan’s Law Website created by CA DOJ (2004)
• www.meganslaw.ca.gov
• Search results for 3 categories of offenders (PC 290.45) California Sex and Arson Registry (Current)
• More extensive database
• Law enforcement only
MEGAN’S LAW WEBSITE
Divides Sex Offender’s into 3 search categories
1. Home address listed
2. Zip code listed
3. No location information posted
Categories are based on the type of crime
•Penal Code 290.46
NAME OF SEXUAL OFFENDE IRj
Known Aliases
Sexually
Violent
Predator
Descript ion
Date Of Birth :
Sex:
Bei~ht::
\Veig ht:
Eye Color:
Bai.r Color:
Ethnicity:
Offenses
Offense Code:
Des,cription:
Year of Last
Conviction:
288,(a)
LE\VD OR LASCIVIOUS ACTS \VITH A CHILD UNDER 14
YEARS OF AGE
1995
Year of Last &eJease: 2:006
If you Risk Assessment
believe .a
crime has
been Addresses
comm i tt, ee, ------------------------------
please
contact your-Scars/Marks/Tattoos
loca ll law
enforceme11t
agency ,.
LAW ENFORCEMENT DISCLOSURES
1. COMMUNITY NOTIFICATIONS
•LE may notify public about any sex registrant who in the agency’s discretion poses a risk to public safety.
•PC 290.45(a)
LAW ENFORCEMENT DISCLOSURES
2. INTERNET NOTIFICATIONS
• If address is not on ML’s website it should not be on LE’s website. • However, LE may post other information if deemed necessary. • Name, aliases, gender, race, physical description, photograph, date of birth, verified address, description and license plate number of vehicles the offender is known to drive, type of victim targeted, relevant parole or probation conditions, crimes requiring registration, and date of release from confinement. • LE should document the reasons for disclosure
CITIZEN OR ORGANIZATION DISCLOSURES
PC 290.45 (d)(2)
• Grants limited immunity from civil liability to:
• Public and private institutions, day care facilities, child care custodians, or employees thereof, who, in good faith, disseminate to others the information received about a registrant from a local law enforcement agency, if the person or institution/facility discloses the information “in the manner and to the extent authorized by the law enforcement entity.” • Translation
• If you want to notify parents or clients about a registrant get a statement in writing from local LE defining scope and extent of the notification permitted. • Private citizens may disclose but potential defamation claims if the information is inaccurate.
OTHER NOTES
•Sex offenders may apply for exclusion from website
•Jessica’s Law – residency restrictions unconstitutional (2006) • Court may restrict while on Probation or Parole
•Juvenile sex offenders are not listed on the website
•However, law enforcement may alert the public to
juveniles posing a risk to the public
QUESTIONS