I am a 290 registrant. Are there restrictions on where I can live?

IMPORTANT: There are many rules affecting where 290 registrants can live, move, and work, and extra rules if you are a 290 registrant currently on state parole. Please read carefully to know what applies in your situation!

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IMPORTANT LEGAL DEFINITION: “Distance” is measured by a straight line between the main entrance of your residence and the boundary of the nearest park or school — not by driving or walking distance.[540]

RULE 1: If you are a 290 registrant AND currently on state parole AND you were convicted of specific sex acts involving children (specifically any offenses listed under California Penal Code sections 288 or 288.5), AND CDCR determines you to be a “high-risk” parolee, then the law says you cannot live with half a mile (or 2,640 feet) from any K-12 school or park where children regularly gather.[541]

RULE 2: If you are a 290 registrant on parole, are not allowed to live in a single-family house with another 290 registrant, unless they are legally related by birth, marriage, or adoption.[542]

RULE 3: If you are required to register as a sex offender due to a crime against a minor, you cannot reside (except as a client) in a child day care facility or residential facility or a foster family home. Violation of the law is a misdemeanor.[543]

RULE 4: Much stricter and broader residency restrictions were enacted on November 8, 2006 by Proposition 83, which banned registered sex offender from living within 2,000 feet of a school or park where children regularly gather.[544] HOWEVER, in March 2015, the California Supreme Court held that the Proposition 83 residency restrictions were unconstitutional as applied in San Diego County in the case In re Taylor.[545]

The Court found that Proposition 83 severely restricted parolees’ ability to find housing, greatly increased homelessness, and hindered access to medical and mental health treatment, drug and alcohol programs, and other rehabilitation services. Instead of promoting public safety, the residence restrictions actually hurt the efforts of parole and law enforcement authorities to supervise and assist sex offender parolees. The court thus concluded that the infringement on parolees’ liberty and privacy interests had no rational relationship to advancing the state’s legitimate goal of protecting children from sexual predators, and violated the parolees’ constitutional Fourteenth Amendment due process right to be free of unreasonable, arbitrary and oppressive official action. Following this decision, judges in other counties began to grant “temporary relief” to many more individual parolees —excusing them from having to follow the residency restrictions under Jessica’s Law.[546]

In the In re Taylor case, the California Supreme Court stated that the CDCR still has authority to impose special conditions of parole on a case-by-case basis, including residency restrictions that may be more or less restrictive than those in Proposition 83.[547]

CDCR is now reviewing all 290 registrants on a case-by-case basis—and may impose restrictions less than or greater than 2,000 feet depending on the individual parolee’s circumstances.[548] If you are subject to residency restrictions, you may still be able to work in the restricted area – BUT only if you have permission from your parole agent.[549]

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CDCR will automatically apply residency restrictions barring 290 registrants from living within 2,000 feet of a school or park apply to individuals convicted as adults of certain offenses involving children[550]—namely Lewd Acts with a Child Under 14,[551] and Continuous Sexual Abuse of a Child.[552] Residency restrictions for all other 290 registrants are determined on a case-by-case basis, based on criminal history and other relevant information.[553] If you are required to register as a sex offender on parole, you can contact your local county public defender’s office for more information.

What if I want to live in a nursing home?

If you are applying to a longterm care facility for seniors and are still incarcerated or on community supervision, the CDCR is required by law to disclose your status as a 290 registrant.[554] Whether the facility can deny you on this basis depends on what type of facility it is.

Skilled nursing facilities, defined as healthcare institutions featuring around-the-clock medical support and meeting federal criteria for Medicaid and Medicare reimbursement, may not be able to deny you based on your registrant status IF your doctor recommends your placement there.[555] Assisted-living facilities, on the other hand, usually don’t involve doctors’ recommendations, as their residents typically need assistance with some day-to-day activities but may not need constant medical care.[556] These facilities can deny or expel you for a variety of reasons, including your 290 status.

Am I allowed to move to another state while I am on parole?

290 registrants can submit a formal application for transfer of supervision to another state, which then has the choice to accept or deny the proposed move. DAPO will send the new state a variety of information to aid it in reaching its decision. This includes your risk assessment scores, a summary of your criminal sexual behavior, a police report, and details about the alleged victim.[557]

    If the receiving state approves your application, you are required to report your sex offender registrant status.[558]
Are there any exceptions to these residency restrictions for registered sex offenders?

Yes. There are two types of exceptions:

    Your parole agent should make exceptions to these conditions if (a) you are mentally ill, and (b) you are either living in a licensed mental health facility or need medical care in such a facility.[559]
    If you are homeless, you may stay at locations such as bridges, encampments, and bus stops that are closer than 2,000 feet to a school or park, but you must keep your parole agent informed of where you are.[560] Also, if you are homeless, you may stay temporarily at an address without establishing “residency” if the stay is for approved work, receiving medical services, or conducting legitimate business (for example: if you are working or completing a task at a licensed business, professional, or government building).[561]
What happens if I don’t comply with these residency restrictions?

If you are on parole and you do not comply with the residence restrictions, you may be arrested on a parole violation charge, referred for a revocation hearing, and possibly returned to jail for up to 180 days.[562]

  1. 540

    15 Cal. Code Regs. § 3571(e)(4). If you are required to register as a sex offender, you cannot reside within 2,000 feet of any school or park where children regularly gather. In certain cases, CDCR may also impose other residency restrictions as special parole conditions on individuals.

  2. 541

    Cal. Penal Code § 3003(g); 15 C

  3. 542

    Cal. Penal Code § 3003.5(a).

  4. 543

    Cal. Penal Code § 3003.6.

  5. 544

    Cal. Penal Code § 3003.5(b). The State has taken the position that Proposition 83 residency restriction applies only while sex offenders are on parole. People v. Mosley (2015) 60 Cal.4th 1044; In re E.J. (2010) 47 Cal.4th 1258, 1271, fn. 5. See also Doe v. Schwarzenegger

    (E.D. Cal. 2007) 476 F.Supp.2d 1178 (Prop. 83 residency provision did not apply to people who were convicted prior to November 8, 2006 and paroled prior to that date); In re E.J. (2010) 47 Cal.4th 1258, 1272-1273 (Prop. 83 residency restrictions applied to all people released on parole on or after November 8, 2006).

  6. 545

    In re Taylor, 60 Cal.4th 1019 (2015).

  7. 546

    The counties that granted temporary relief to individual parolees include San Diego, Los Angeles, Sacramento, San Francisco, Contra Costa, & San Bernardino.

  8. 547

    In Re Taylor, 60 Cal.4th 1019 (2015).

  9. 548

    CDCR, Laws Related to Sex Offender Parolees, http://www.cdcr.ca.gov/parole/Sex_Offender_Facts/sex-offender-laws.html

  10. 549

    15 Cal. Code Regs § 3590.1(b).

  11. 550

    15 CCR 3582(b); Cal. Penal Code § 288(a).

  12. 551

    Cal. Penal Code § 288(a).

  13. 552

    Cal. Penal Code § 288.5.

  14. 553

    CDCR, Laws Related to Sex Offender Parolees, http://www.cdcr.ca.gov/parole/Sex_Offender_Facts/sex-offender-laws.html

  15. 554

    Cal. Health & Saf. Code § 1312.

  16. 555

    Merriam-Webster.com, Medical Dictionary, “Skllled Nursing Facility” definition, available at https://www.merriam-webster.com/medical/skilled%20nursing%20facility.

  17. 556

    Merriam-Webster.com, Medical Dictionary, “Assisted Living” definition, available at https://www.merriam-webster.com/dictionary/assisted%20living.

  18. 557

    Interstate Commission for Adult Offender Supervision (ICAOS) Rule 3.101-3.

  19. 558

    Interstate Commission for Adult Offender Supervision (ICAOS) Rule 3.101-3(c).

  20. 559

    15 Cal. Code Regs § 3590.1(d).

  21. 560

    15 Cal. Code Regs §§ 3590.2(a) and 3590.3(b)

  22. 561

    15 Cal. Code Regs § 3590.

  23. 562

    See Cal. Penal Code § 3000.08.