Special Conditions of State Parole and Other Laws that Apply to Sex Offenders (“290 Registrants”)

This section has important information about the legal requirements that apply to people who were convicted of sex offenses and must register as sex offenders under California Penal Code section 290 et seq. We refer to people who must register as sex offenders as “290 registrants” below. In California, some legal requirements apply to 290 registrants only while they are on state parole, and other rules apply to 290 registrants for the rest of their life, so please read carefully!

If you are a 290 registrant, there are five main types of special requirements that apply to you: (1) you must register with local law enforcement authorities, (2) you may be subject to GPS tracking while on parole (and possibly for life), (3) you may be restricted around where you can live (“residency requirements”), where you can go, and where you can be employed, (4) information about your identity, and in some cases where you live, may be disclosed to the public; and (5) the California Department of Corrections and Rehabilitation (CDCR) may place other special conditions of parole on you.[469]

IMPORTANT LEGAL UPDATE: TIERED REGISTRATION

In 2017, Governor Jerry Brown signed a law ending lifetime 290 registration for people convicted of low-level offenses. The new law splits the existing registry into three levels — or “tiers.”[470] While those considered “high risk sex offenders” (see PG. 169 for definition) will still be required to register for life, registrants whose offense places them on the lower tiers may petition for removal after 10 or 20 years, asl long as they have not committed another registerable offense in that period. The court will have the discretion to grant or deny the petition, and will consider input from the District Attorney in making its decision. This law will not go into effect until 2021 and regulations still need to be written to give the details of these changes to the registry.

Registration Requirements

IMPORTANT! If you are required to register as a sex offender, you have only 5 working days to register with the city police department (or sheriff’s department if there is no city police department) after you are released from custody or placed on probation or parole.[471]Read more about registration requirements in this section.

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  1. 469

    The information for 290 registrants was adapted from an informational letter from the Prison Law Office, Information Regarding California’s Sex Offender Registration, Tracking, Residency And Public Notice Requirements (May 2015), available at http://prisonlaw.com/wp-content/uploads/2015/09/SexOffender-Prop83May2015.pdf. ↑

  2. 470

    Los Angeles Times, “California will soon end lifetime registration of some sex offenders under bill signed by Gov. Jerry Brown” (Oct. 6, 2017), available at http://beta.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-bill-ending-lifetime-registry-of-sex-1507332406-htmlstory.html; California Legislative Information, SB 421 (Feb. 15, 2017), available at https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB421. ↑

  3. 471

    Cal. Penal Code §§ 290(b), 290.015. ↑

Who has to register as a sex offender?

Here we discuss three situations in which you would be required to register as a sex offender in California:

SITUATION 1: You must register as a sex offender if you have ever been convicted of any crime listed in California Penal Code section 290(c). Cal. Penal Code section 290(c) includes a wide range of felony and misdemeanor offenses including forcible sex crimes against adults, most sex crimes involving children, prostitution and child pornography-related crimes, kidnap or assault for the purpose of committing a sex crime, soliciting another person to commit a sex offense, and attempt or conspiracy to commit any of the included crimes.[472]

SITUATION 2: You can also be required to register based on convictions for crimes that are not listed in § 290(c) if you committed the crime “as a result of sexual compulsion or for purposes of sexual gratification.” [473] This determination is made by the judge when you are convicted or sentenced for the crime.[474]

SITUATION 3: Even if you were not convicted of a qualifying sex crime, you will be required to register if you meet any of the following criteria:

    You were adjudicated (found guilty) as a ward in juvenile court for certain sex offenses and committed to the CDCR Division of Juvenile Justice (DJJ) (formerly the California Youth Authority or CYA) or the equivalent agency in another state;[475]
    You have been found not guilty by reason of insanity of any offense listed in Cal. Penal Code § 290(c);[476]
    You have ever been found to be a Mentally Disordered Sex Offender (MDSO) or Sexually Violent Predator (SVP);[477]
    You have been convicted in another state or in a federal or military court of an offense that has the same elements as one of the offenses listed in Cal. Penal Code
§ 290(c).[478] Also, if you are required to register as a sex offender in another state, you are almost certainly required to register with California law enforcement when you are in California.[479]
  1. 472

    Cal. Penal Code §§ 290, 290.003. ↑

  2. 473

    Cal. Penal Code §§ 290.006. ↑

  3. 474

    Sectencing judges may make discretionary findings and orders requiring defendants to register as sex offenders without violating the constitutional Sixth Amendment right to a jury trial. People v. Mosley (2015) 60 Cal.4th 1044. ↑

  4. 475

    Cal. Penal Code § 290.008. The list of juvenile offenses for which registration is required is shorter than that which applies to adults or juveniles tried as adults. Compare Cal. Penal Code § 290.008(c) with § 290(c) and § 290.006. See also In re Derrick B. (2006) 39 Cal.4th 535, 539- 540 (court does not have authority to require juvenile to register for offense not listed in registration statute applicable to juveniles, even if offense was committed for sexual gratification). Also, registration is not required if the juvenile was discharged from the CYA for the sex offense before January 1, 1986. Cal. Penal Code § 290.008(a). ↑

  5. 476

    Cal. Penal Code § 290.004. ↑

  6. 477

    Cal. Penal Code § 290.001, 290.004. Note: A person is designated as a SVP (sexually violent predator) through a civil commitment proceeding. Even though the SVP determination process is civil and not criminal, it still triggers a registration requirement under Cal. Penal Code § 290 et seq. See Cal. Wel. & Inst. Code § 6600. On the other hand, the MDSO designation allowed for people on state parole to be committed to state mental health institutions or outpatient programs. The MDSO law was repealed in 1982, but individuals who were in state hospitals and community programs at the date it was repealed are still subject to its provisions and are required to register under Section 290.) See former Cal. Wel. & Inst. Code §§ 6300-6330 (repealed in 1982). ↑

  7. 478

    Cal. Penal Code § 290.005. ↑

  8. 479

    Cal. Penal Code § 290.002, 290.005(c). ↑

When should I learn about my duty to register as a sex offender?

When you are sentenced for a sex offense, the court should inform you of your duty to register.[480] If you pled guilty or no contest to a sex offense, you should also have been informed of any registration requirement before you entered your plea.[481] In addition, when you are released from incarceration, the custody or supervision agency (that is, the parole or probation department) should inform you of your registration requirements.[482] For example, if you are in state prison, your correctional counselor and parole officer should go over the registration requirement as part of informing you about your conditions of parole (see PG. 161). See PG. 173 for a discussion of the limited situations in which you might be able to challenge a registration requirement.

  1. 480

    Cal. Penal Code § 290.017; but see Maciel v. Cate (9th Cir. 2013) 731 F.3d 928 (sex offender subject to mandatory registration requirement even though sentencing judge failed to include it in the oral and written sentencing orders). ↑

  2. 481

    See People v. McClellan (1993) 6 Cal.4th 367, 379-381 (defendant may be allowed to withdraw guilty plea if he was not advised of mandatory registration requirement and would not have entered the plea if he had known of it); People v. Zaidi (2007) 147 Cal.App.4th 1470 (same); see also People v. Olea (1977) 59 Cal.App.4th 1289, 1298-1299 (discretionary registration requirement may not be imposed after no contest or guilty plea unless the possibility of registration was included in the plea agreement). Any challenge to the plea should be filed as soon as the defendant becomes aware of the registration requirement; otherwise, the challenge may be deemed to be untimely. See In re Douglas (2011) 200 Cal.App.4th 236. ↑

  3. 482

    Cal. Penal Code § 290.017; Lambert v. California (1957) 355 U.S. 225, 229-230 (registration provisions violate due process if person has no knowledge of duty to register). ↑

Do I have to register in California if I live in a different state but sometimes go to work or school in California?

If you live in another state, but you are employed in or doing business in California for more than 14 days in a row or more than 30 days in a year, OR if you are attending school full-time or part-time in California, you are required to register in California.[483]

  1. 483

    Cal. Penal Code § 290.002 ↑

Do I have to register in California if I move out of state?

If you are moving out of state, you must tell the local California authorities in the city or county that you are leaving; and the notification must be given in person and within 5 working days of your move.[484] After that, you don’t need to keep registering in California, so long as you do not spend much time in California (but see the previous question if you work or go to school here).[485]

However, you may need to register in your new state because the Federal Sex Offender Registration and Notification Act (SORNA) requires sex offenders to register with local authorities in each location in which they reside, are employed or are going to school. The SORNA registration requirements can last for between 10 years and life, depending on the nature of the sex crime and whether you have a clean record after being released from custody.[486] It is a federal crime to live, work, or go to school in another state without complying with the SORNA requirements.[487]

  1. 484

    Cal. Penal Code § 290.013. ↑

  2. 485

    Cal. Penal Code § 290.013; see People v. Wallace (2009)176 Cal.App.4th 1088 (overturning convictions for failure to update registration where defendant may have moved out of state, but upholding conviction for failure to provide notice of move). ↑

  3. 486

    42 U.S.C. § 16901 et seq. (effective on July 27, 2006). SORNA has withstood most constitutional challenges. See e.g., United States v. Shoulder (9th Cir. 2013)738 F.3d 948 (SORNA does not violate ex post facto or due process clause, and is within the scope of Congress's authority); United States v. Elkins (9th Cir. 2012) 683 F.3d 1039 (SORNA does not violate ex post facto clause); United States v. Richardson (9th Cir. 2014) 754 F.3d 1143 (OK to delegate authority to Attorney General to determine extent of SORNA’s retroactive applicability); United States v. Cabrera-Gutierrez (9th Cir. 2013) 756 F.3d 1125 (U.S. Congress has authority under Commerce Clause to enact SORNA); but see Reynolds v. United States (2012) __ U.S. __; 132 S. Ct. 975 (sex offenders whose crimes were committed prior to SORNA can’t be punished for violations that occurred before U.S. Attorney General issued valid retroactivity rules) and United States v. Mattix (9th Cir. 2012) 694 F.3d 1082 (SORNA’s effective date for people with pre-SORNA sex offenses is August 1, 2008). ↑

  4. 487

    The criminal penalties for moving, working, or going to school out-of-state and knowingly failing to comply with SORNA are found in 18 U.S.C. § 2250. ↑

I have to register as a sex offender in California. How and when do I register?

If you are required to register as a sex offender, here are the basic steps for how to register—including important information on when you have to do it:

Gather the information and documents you need to register.

As soon as you can (perhaps a trusted loved one or advocate could even help while you are still incarcerated), you should gather all of the information and documents you will need to register. This includes:

    The address(es) of all of your current residence(s) (see STEP 3 for more information);[488]
    Proof of your residence location—such as an ID with your address, a recent rent or utility bill or receipt, or a bank or official document showing your address;[489]
    The name and address of your employer; and
    The license plate number of any car that you drive regularly.

If possible, call ahead to the city police department (or sheriff’s department if your city does not have a police department) to verify where and when you can register.

Some city police departments (or sheriff’s departments if your city has no police department) have special locations and hours when they register people. Calling ahead can help you avoid wasting time waiting around at the police station. If you cannot reach the city police by phone to verify hours and location, that is okay—just skip this step and go in person.

Within 5 days of your release from custody or on to parole or probation, you must register in person with the city police department (or the sheriff’s department if there is no city police department) in every place that you live. Bring the information and documents (see Step 1) you need with you!

You have 5 working days after you are released from custody (prison or jail) or placed on supervision (parole or probation) to register.[490] You must register in person with the police department in the city where you live, or with the sheriff’s department if you live in an unincorporated area or in a city that has no police department.[491] If you live at more than one address, and your addresses are in different cities or counties, you must register with multiple police or sheriff’s departments so that you are registered in all locations.[492]

PLEASE NOTE: The definition of “residence” here is broad and you can be “residing” at an address for registration purposes even if you are only spending the night there occasionally or staying there on a temporary basis.[493]

When you register, you will be required to provide all of your current residence addresses.[494] Your fingerprints will be taken. You must also provide the name and address of your employer, the license plate number of any car that you drive regularly, and proof of your residence location, such as an ID with your address, a recent rent or utility bill or receipt, or a bank or official document showing your address.[495]

IMPORTANT! Ask the police for proof of your registration. The police must provide you with a copy free of charge.

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If you are a college student, employed by a college, or living on a college campus, you must also register with the campus police.[496]Update your registration every year within 5 working days of your birthday—and more often if you fall into one of the special categories listed below.**

Unless you fall into a special category listed below, you must re-register every year, within 5 business days of your birthday, with the police department in the city where you live (or with the county sheriff’s department if your city is unincorporated or has no police department).[497]

**SPECIAL CATEGORIES*** – People who Must Register More Often than Once Every Year:

In addition to registering every year within 5 working days of your birthday, you must register more often if you fall into one of the following categories . . .

    If you are homeless (called “transient” by parole and the relevant laws), you are required to register within 5 working days of release from prison or jail, at least every 30 days after that, and within 5 working days of your birthday every year.[498]
    If you have a home but then become homeless, you must update your registration within 5 working days of losing your home.[499] When you register, you will have to provide information about where you sleep, eat, work, and spend time.[500] Note that if you spend the night at a shelter, that shelter qualifies as a “residence,” and you will have to register the address of the shelter within 5 working days of going there.[501] If you then find a place to live, you must update your registration and tell the authorities your new address within 5 working days.[502]
    If you have ever been found to be a Sexually Violent Predator (SVP), you must update your registration every 90 days, and within 5 working days of your birthday every year.[503]
    If you change your name, you must notify the police or sheriff within 5 working days of your name change, and within 5 working days of your birthday every year.[504]
    If you get sent to the CDCR or a state mental hospital, officials at those institutions are supposed to inform the California Department of Justice (DOJ) of your confinement.[505] If you are incarcerated or civilly committed for 30 days or more, you must re-register within 5 days of your release.[506] NOTE: You do not need to re-register if you are incarcerated or civilly committed for less than 30 days and you then return to your last registered address (unless your normal re-registration date came up while you were incarcerated—in which case you still need to re-register).[507]

If you are on state parole, you must also provide your parole officer with proof of registration within 6 working days of your release from prison.

If you are on parole, you must also provide your parole officer with proof of registration within 6 working days of your release from prison.[508] The police must provide you with a copy of your registration form free of charge. You must notify your parole officer of any updates or changes to your registration information within 5 working days of the update or change.[509]

  1. 488

    Cal. Penal Code § 290.010. ↑

  2. 489

    Cal. Penal Code § 290.015. ↑

  3. 490

    Cal. Penal Code §§ 290(b), 290.015. ↑

  4. 491

    Cal. Penal Code § 290(b). ↑

  5. 492

    Cal. Penal Code § 290.010. ↑

  6. 493

    Cal. Penal Code § 290.011(g) (“Residence means one or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.”); see People v. Gonzales (2010) 183 Cal.App.4th 24 (upholding conviction for failing to register as a second “residence” a place where defendant visited about three times a week but did not spend the night); People v. Williams (2009) 171 Cal.App.4th 1667, 1672-1673 (“residence” need not be a place which has the potential of becoming a permanent home). ↑

  7. 494

    Cal. Penal Code Code § 290.010. ↑

  8. 495

    Cal. Penal Code § 290.015. ↑

  9. 496

    Cal. Penal Code §§ 290(b), 290.009. ↑

  10. 497

    Cal. Penal Code § 290.012(a). ↑

  11. 498

    Cal. Penal Code § 290.011(a)-(b). ↑

  12. 499

    Cal. Penal Code § 290.011(b). ↑

  13. 500

    Cal. Penal Code § 290.011(d). ↑

  14. 501

    Cal. Penal Code § 290.11(g); 15 CCR § 3652(c)(2); People v. Deluca (2014) 228 Cal.App.4th 1263 (National Guard Armory winter emergency shelter is a “residence”). ↑

  15. 502

    Cal. Penal Code § 290.011(b). ↑

  16. 503

    Cal. Penal Code § 290.012(b); Litmon v. Harris (2014) 768 F.3d 127 (90-day verification requirement for SVPs does not violate due process or equal protection). ↑

  17. 504

    Cal. Penal Code § 290.014; see People v. Vincelli (2005) 132 Cal.App.4th 646 (law requiring registration after name change not unconstitutionally vague). ↑

  18. 505

    Cal. Penal Code § 290.013(d). ↑

  19. 506

    Cal. Penal Code § 290.015(a) (referencing Cal. Penal Code § 290(b)). ↑

  20. 507

    Cal. Penal Code § 290.015(a). ↑

  21. 508

    Cal. Penal Code § 290.85(a). ↑

  22. 509

    Cal. Penal Code § 290.85. ↑

Do I have to disclose all my Internet accounts and email addresses?

In November 2012, California voters passed Proposition 35 (the CASE Act), which would require 290 registrants to turn over lists of all of their Internet identifiers and service providers to the law enforcement agencies with which they register (see definitions in footnote).[510] Registrants would also have to give written notification within 24 hours of any change to their internet identifiers or service providers.[511] The internet information must be updated as part of the annual registration process, and the registrant must sign statement acknowledging the requirement.[512]

However, civil rights advocates (the ACLU and others) have filed a federal lawsuit arguing that Proposition 35 violates the U.S. Constitution’s First Amendment rights to free speech and free association. In January 2013, the federal court granted a preliminary injunction, which has been upheld by the Ninth Circuit Court of Appeal.[513] This means that the state of California cannot enforce Proposition 35 unless and until a court rules that Proposition 35 does not violate the U.S. Constitution.

  1. 510

    Cal. Penal Code §§ 290.014(b), 290.015(a)(4)-(6). An “internet service provider” is “a business, organization, or other entity providing a computer and communications facility directly to consumers through which a person may obtain access to the Internet,” but does not include “any system operated or services offered by a library or educational institution.” Cal. Penal Code § 290.024(a). An “internet identifier” is “an electronic mail address, user name, screen name, or similar identifier used for the purpose of Internet forum discussions, Internet chat room discussions, instant messaging, social networking, or similar Internet communication.” Cal. Penal Code § 290.024(b). ↑

  2. 511

    Cal. Penal Code § 290.014(b). ↑

  3. 512

    Cal. Penal Code § 290.012(a); Cal. Penal Code § 290.015(a). ↑

  4. 513

    Doe v. Harris (N.D. Cal.) No. CV12-5713; Doe v. Harris (9th Cir. 2014) 772 F.3d 536. ↑

For how long do I have to register as a sex offender?

If you have to register as a sex offender in California, then you must register for the rest of your life, so long as you live in the state.[514] It does not matter whether you are on or off parole, PCRS or probation, or whether you have otherwise completed your criminal sentence.

  1. 514

    Cal. Penal Code §§ 290(b), 290.005. ↑

How much time do I have to register with the city police after I am released from prison or jail, or placed on parole or probation?

You have 5 working days to register after you are released from custody or placed on probation or parole.[515] When you register, you will be required to provide all of your current residence addresses.[516] Your fingerprints will be taken. You must also provide the name and address of your employer, the license plate number of any car that you drive regularly, and proof of your residence location, such as an ID with your address, a recent rent or utility bill or receipt, or a bank or official document showing your address.[517]

  1. 515

    Cal. Penal Code §§ 290(b), 290.015. ↑

  2. 516

    Cal. Penal Code § 290.010. ↑

  3. 517

    Cal. Penal Code § 290.015. ↑

I am a 290 registrant attending classes or employed at a college. Do I have to register with the school?

Yes. If you are a college student, employed by a college, or living on a college campus, you must also register with the campus police.[518]

  1. 518

    Cal. Penal Code §§ 290(b), 290.009. ↑

What happens if I fail to register as a sex offender?

Failure to register is a crime. If your underlying sex offense was a misdemeanor conviction or juvenile adjudication, then failure to register is usually a misdemeanor for the first offense, and a felony for any further violations. If your underlying sex offense conviction was a felony conviction, failure to register is usually a felony.[519]

There is no end to when you can be charged for failure to register since California courts consider it to be a continuing offense (in other words, there is no statute of limitations to charging someone with this as a crime).[520] If you fail to register after moving to a new state, you could also be convicted of violating federal registration laws.[521]

You can be convicted of a separate offense for each requirement you violate. For example, you can be convicted of two crimes for failing to update your registration annually and failing to inform authorities of a change of address, even if both offenses happened during the same time period.[522] However, there are rules that prevent California courts from imposing sentences for two or more registration crimes that stem from one single act. For example, if you move to a new county and do not notify the police or appropriate authorities in either the county you are leaving OR the county you are entering, you can be convicted of two crimes but can be punished for only one.[523]

The punishment for failure to register can be severe. Many of the crimes that require registration are violent or serious offenses, so a person who fails to register may face a doubled sentence under California’s “two strikes law” or even a life sentence under California’s “three strikes law.”[524] Courts have upheld some third strike sentences for failure to register despite claims that those sentences were cruel and unusual punishment in violation of the U.S. Constitution’s Eighth Amendment.[525] In a few cases, courts have overturned life sentences where the failure to register was a technical violation, such as not registering annually though staying at the same address.[526]

  1. 519

    Cal. Penal Code § 290.018. ↑

  2. 520

    People v. Fioretti (1997) 54 Cal.App.4th 1209, 1217. Even if your sex offense conviction is later reversed or vacated by a court, the State can prosecute and convict you for a registration violation that occurred before the reversal of the sex offense conviction. In re Watford (2010) 186 Cal.App.4th 684, 687. ↑

  3. 521

    42 U.S.C. § 16901 et seq.; People v. Davis (2011) 202 Cal. App. 4th 429 (federal prosecution for failing to register under SORNA did not bar state court action). ↑

  4. 522

    Cal. Penal Code § 290.018(i). ↑

  5. 523

    People v. Britt (2004) 32 Cal.4th 944, 953-954; People v. Meeks (2004) 123 Cal.App.4th 695, 703; People v. Villegas (2012) 205 Cal. App. 4th 642 (failure to report move, and failure to report new address upon learning of it, were separate violations which allowed for multiple convictions, but multiple punishments were prohibited). ↑

  6. 524

    See Cal. Penal Code §§ 667(b)-(i), 667.5(c), 1192.7(c). Although Proposition 36, which passed on November 7, 2012, reduces the scope of California’s “Three Strikes” law, a person who has two prior “strikes” and is convicted of failing to register can still get a life sentence in some circumstances. ↑

  7. 525

    See, e.g., In re Coley (2012) 55 Cal.4th 524 (not cruel and unusual punishment to sentence defendant to 25 years to life for failing to update registration where refusal to register was intentional and prior criminal history heinous); Crosby v. Schwartz (9th Cir. 2012) 678 F.3d 784 (26 years to life was not cruel and unusual punishment for a registration violation where defendant had lied about his identity in an attempt to deceive); see also People v. Nichols (2009) 176 Cal.App.4th 428, 435-436; People v. Haller (2009) 174 Cal.App.4th 1080; People v. Poslof (2005) 126 Cal.App.4th 92, 108-109; People v. Meeks (2004) 123 Cal.App.4th 695, 703. ↑

  8. 526

    People v. Carmony (2005) 127 Cal. App. 4th 1066 ("Because a 25–year recidivist sentence imposed solely for failure to provide duplicate registration information is grossly disproportionate to the offense, shocks the conscience of the court and offends notions of human dignity, it constitutes cruel and unusual punishment under both the state and federal Constitutions. We shall remand the matter to the trial court for resentencing.”). See also Gonzalez v. Duncan (9th Cir. 2008) 551 F.3d 875, 877 (citing analogous facts to Carmony and remanding with instructions to resentence.) ↑

What happens if my failure to register was by accident or I just forgot to register?

To be considered a crime, your failure to register must be “willful.”[527] If you can show that you did not know you had to register or that you were unable to register due to circumstances beyond your control, then you may be able to avoid a conviction for violating the registration law.[528]

HOWEVER, it is very difficult to show that you did not know you had to register unless you were never notified of your duty to register.[529] Simply forgetting to register is not a defense to this crime, even if your memory lapse was related to depression.[530] But if you had a severe, involuntary (uncontrollable) physical or mental condition that caused you not to have actual knowledge of the duty to register, then you should be able to avoid a conviction.[531]

  1. 527

    Cal. Penal Code § 290.018(a)-(b); People v. Garcia (2001) 25 Cal.4th 744, 754. ↑

  2. 528

    Bartlett v. Alameida (9th Cir. 2004) 366 F.3d 1020, 1024 (although there was evidence that petitioner was given written notice of duty to register, petitioner was entitled to present evidence that he did not read the forms, did not comprehend them, or misinterpreted the requirements); People v. Edgar (2002) 104 Cal.App.4th 210, 221 (conviction reversed where defendant was transient, documents did not provide clear notice of requirements, and prosecutor failed to show defendant knew he was required to register additional addresses); People v. Aragon (2012) 207 Cal. App. 4th 504 (no willful violation of where defendant, who lived in a mobile trailer but continued to register as a transient, did not know that trailer was a residence). ↑

  3. 529

    People v. Garcia (2001) 25 Cal.4th 744, 754-755; People v. Vigil (2001) 94 Cal.App.4th 485, 501-502. ↑

  4. 530

    People v. Barker (2004) 34 Cal.4th 345, 356-357; People v. Sorden (2005) 36 Cal.4th 65, 72; People v. Bejarano (2009) 180 Cal.App.4th 583. ↑

  5. 531

    People v. Sorden (2005) 36 Cal.4th 65, 72. ↑

Do I have special registration requirements as a tribal member?

Each tribe may have its own registration requirements see the TRIBAL ISSUES CHAPTER at PG. 1093 for more information.

GPS Tracking

I am a 290 registrant. Do I have to wear a GPS tracker? For how long?

Under Proposition 83, which became effective on November 8, 2006, if you: (1) have been convicted of a felony that requires you to register as a sex offender, AND (2) were sentenced to prison, then the law says that you must wear a GPS tracking device (usually an ankle bracelet) during your parole, and for the rest of your life.[532]

The GPS requirement does not apply to persons who were convicted AND already paroled, given probation, or otherwise released from custody BEFORE November 8, 2006.[533]

However, there are other laws that allow parole authorities, the court, and the Board of Parole Hearings to require parolees to wear GPS tracking devices.[534]

  1. 532

    Penal Code § 3004(b); see also Penal Code § 3000.07(a). Also, please note that it is unclear whether the lifetime GPS rule is being enforced (it appears that it is not); and in an interesting development, the U.S. Supreme Court held that forcing a person to wear a GPS device for life constitutes a “search” under the U.S. Constitution’s Fourth Amendment. The Court sent the case back to the state courts to rule on whether such a requirement is unreasonable. Grady v. North Carolina (2015) __ U.S.__; 135 S.Ct.1368. ↑

  2. 533

    Doe v. Schwarzenegger (E.D.Cal. 2007) 476 F.Supp.2d 1178. ↑

  3. 534

    Cal. Penal Code § 3004(a), 3010-3010.7. ↑

When and where do I get my GPS tracker?

You must report to your parole officer within 1 working day after release from custody (unless instructed otherwise) to get your GPS device.[535]

  1. 535

    Cal. Penal Code § 3010.10(a). ↑

Do I have to pay for my GPS tracker?

It’s possible. CDCR can require you to pay to cover the cost of the GPS monitoring.[536] But the CDCR can also waive (cancel) these fees if you are unable to pay, and must consider whether you owe any court-ordered fines, restitution, or other payments.[537] If the GPS cost is unaffordable for you, ask for a waiver.

  1. 536

    Cal. Penal Code § 3000.07(b). ↑

  2. 537

    Cal. Penal Code § 3000.07(b). ↑

What happens if I don’t wear or disable my GPS tracker?

If you are on parole and do not comply with a GPS requirement, your parole can be revoked. If you do not report on time to get your GPS device, your revocation term will be 180 days unless the court decides that such a term is not appropriate; and if you disable or remove your GPS device, your revocation term will be 180 days.[538] After you are off parole, the law does not specify any punishment if you do not comply with the purportedly “life-long” GPS requirement.[539]

  1. 538

    Cal. Penal Code § 3010.10(d)-(e). ↑

  2. 539

    In an interesting development, the U.S. Supreme Court held that forcing a person to wear a GPS device for life constitutes a “search” under the U.S. Constitution’s Fourth Amendment. The Court sent the case back to the state courts to rule on whether such a requirement is unreasonable. Grady v. North Carolina (2015) __ U.S.__; 135 S.Ct.1368. ↑