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

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parolees 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 parolee'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) Parolees subject to residence restrictions are
					 responsible for finding compliant housing.
(2) During the initial interview between the
					 parolee and the Parole Agent upon release from custody, and before any change of
					 residence while under parole supervision, the parolee shall provide his or her
					 Parole Agent with the address where he or she 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 parolee'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)
					 Parolees 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 parolee upon his or her
					 request.