HomeMy WebLinkAbout2023-05-09; City Council Legislative Subcommittee; ; California's Megan's Law - CA Penal Code § 290.46LEGISLATIVE 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.haber@carlsbadca.gov, 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 it 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):
Ca lifornia'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 re leased 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 successfu lly 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 Department 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
Ca lifornia (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
@ STAT[ OF CALJrORNIA
1[1ii',~1/l' AUTHENTICATED
J\1 ttl , 1 ELECTA:ONIC LEGAL MATERIAL
State of California
PENAL CODE
Section 290.46
Exhibit 1
290.46. (a) (I) 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 I, 20 I 0, 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 of release, 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 prov ide 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. The information provided by
the Department of Corrections and Rehabilitation shall be limited to information that
is currently maintained in an electronic 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 which 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 ofrelease.
(b) (l) 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 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) This 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 26 I.
(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.
(1) 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 G) 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 31 1.1.
(Q) A felony violation of subdivision (b ), ( c ), or ( d) of Section 311.2.
(R) A felony violation of Section 3 11 .3.
(S) A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T) Section 31 1.10.
(U) A felony violation of Section 311.1 1.
(V) A tier three offender, as described in paragraph (3) of subdivision ( d) of Section
290.
(c) (I) 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 ofresidence 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
I, 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
described 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 foreign 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
terminate.d.
(C) For the purposes of this 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) ifit 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 ri sk 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" includes the statutory predecessors of
that offense, or any offense committed in another jurisdiction 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) Notwithstanding 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 restrictions on disclosure 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 dollars ($10,000) and not more than fifty
thousand dollars ($50,000).
(2) Any person who uses information disclosed 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 imprisonment 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 ri sk.
(2) Except 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, privileges, or services 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 Financial Code, Sections
1522.01 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 section for purposes
other than those provided by paragraph (I) or in violation 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 dollars ($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 dollars
($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, including Part 2 ( commencing with Section 43) of Division
I of the Civil Code.
(k) The public notification provisions of this section are applicable 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
public in understanding and using publicly 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 OFFENDERS
IN CAUFORNIA11
1. International Travel
Exhibit 2
In order to satisfy federal 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 travel 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 complete), 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 children on more than an incidental and occasional
basis or have supervision or disciplinary power over minor children. This prohibition shall
not apply to a business owner or independent contractor who has the ability 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 services to children. Misdemeanor penalty.
(Pen. Code,§ 290.95.)
I. These laws apply in addition to the provisions 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 persons 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 persons, 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 facility 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 Facility
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, § 131 2). The registrant is also required to notify the facility 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 facility is then required to immediately provide
notice to full-time employees 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 affordable 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 within 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 apply 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 criminal 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 schools or elder/dependent adult
facilities. (Pen. Code, § 653b, 653c.)
Rev. 12/16
May 9, 2023 Item #3 Page 12 of 15
5/4/23, 12:37 PM
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Contact
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California Megans Law
Exhibit 3
California Megan's Law Website
State of California Department of Justice Office of the Attorney General
Translate Website I Traducir Sitio Web
Tips on Protecting Yourself, Your Family, and Your Community
For Parents
• Inform children that it is wrong for anyone to ask them to engage in
sexual activity.
• Stress to your child that he or she should feel comfortable telling you
anything, especially if it involves another adult. If your child does not
feel comfortable being completely 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 activities. 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 sponsoring organization.
• Talk to your children about personal 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 activity 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
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(Education_ProtectYourself.aspx)
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(Education_My1hsAndFacts.aspx)
Additional Resources
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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 their 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 unexpectedly to see how your children are doing. Ask
your children how the experience with the caregiver was, and listen
carefully to their 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 "teachable" experience in which your children can practice
checking with you, going to the restroom with a friend, and locating 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 available 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 possibility 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 enhanced when teenagers are
using drugs or alcohol.
• Encourage your teenager to trust her or his instincts and if a situation
makes 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 regardless of their own behavior, they are never to
blame for sexual 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 sexual assault has occurred, or
victims may not report out of fear of the consequences to themselves.
For Everyone
California Sex Offender
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About Megan's Law
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(Education.aspx)
Tips on Protecting Yourself,
Your Family, and Your
Community
(Education_ProtectYourself.aspx)
Myths and Facts About Sexual
Assault
(Education_MythsAndFacts.aspx)
Additional Resources
(Education_SurvivorResources.aspx)
About Sex Offenders
Search Offenders
(Search.aspx)
FAQ (FAQ.aspx)
Contact
(mailto:meganslaw@doj.ca.gov)
California Megans Law
California Megan's Law Website
State of California Department of Justice Office of the Attorney General
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Tips on Protecting Yourself, Your Family, and Your Community
For Parents
For Everyone
• Trust your instincts when you are with someone about whom you feel
uncomfortable (e.g., in an elevator, in a car, in your home). This can be
especially difficult for both children and adults who have been socialized
to be polite.
• Do not talk yourself out of feeling uncomfortable being alone with
someone simply because he or she is an acquaintance or a friend of a
friend. Most sexual abusers are someone the victim knows 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 the issues involved in sexual assault. Know the statistics.
• Assume preventing sexual assault is everyone's responsibility.
• Increase your knowledge about risk reduction measures you can take to
protect yourself.
• Invite your local law enforcement, probation/ parole department, rape
crisis center, or child abuse prevention organization to a neighborhood
discussion group to learn about the issue and to process people's
emotions.
• Get to know your neighbors.
• Organize neighborhood block watches, if desired by your neighbors.
• Do not wait until you are informed that a sex offender is living nearby to
begin educating yourself and family on issues of sexual assault.
• Beware of the media's ability to sensationalize the most horrific of
stories concerning the sexual assault of children or adults. These stories,
while real and very frightening, are not the norm.
California Sex Offender
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