Cal. Code Regs. tit. 15 § 3571

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 3571 - Sex Offender Residence Restrictions

Sex offenders may be subject to residence restrictions as specified in this section with the approval of the Unit Supervisor, on a case-by-case basis based on the particularized circumstances of each individual supervised person.

(a) Definitions. For the purposes of this section, the following terms are defined:

(1) Park means an outdoor public area used primarily for recreational purposes. A determination of whether an area is a park shall not be limited to a consideration of whether the area includes a play structure, athletic field or court, or any other particular characteristic, but shall be based on an overall evaluation of whether the area is used for recreational purposes.

(2) Regularly means occurring on a recurring basis.

(3) Gather means to congregate or come together with one another.

(4) Park where children regularly gather means a park, as described in section 3571(a)(1), where persons under the age of 18 congregate or come together with one another either with or without parental or guardian supervision.

(5) Public Area means an area that any governmental entity owns, operates, leases, rents, or otherwise legally controls as if owned by the governmental entity. "Governmental entity," for the purposes of this section, includes, but is not limited to: the United States, any state, any county, any city, any special district, or any subdivision thereof.

(6) Residence restriction means a condition of parole, or an instruction from the Parole Agent prohibiting a supervised person from residing at a location based on criteria related to the residence and the supervised person's specific individual circumstances pursuant to subsection 3571(b).

(b) The Unit Supervisor must approve a residence restriction that was proposed by the Parole Agent before it is imposed on a sex offender. Any residence restriction that will prohibit a supervised person from residing within any distance of a park where children regularly gather, public or private school serving any grades of kindergarten through 12, or other location decided upon by the Parole Agent shall be justified based on a connection between the supervised person's commitment offense, criminal history, and/or future criminality, to be determined on a case-by-case basis.

(c) A sex offender 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.

(1) A residential facility located within a single family dwelling which serves six or fewer persons shall be excluded from this restriction.

(d) A sex offender released on parole shall not be subject to a residence restriction in addition to subsections 3571(b) and 3571(c) above, or required by section 3582, unless that residence restriction is supported by circumstances found in the supervised person's criminal history.

(e) Residence Verification and Approval. The Division of Adult Parole Operations (DAPO) shall monitor compliance with the residence restrictions contained in this section.

(1) Supervised persons subject to residence restrictions are responsible for finding compliant housing.

(2) During the initial interview between the supervised person and the Parole Agent upon release from custody, and before any change of residence while under parole supervision, the supervised person shall provide their Parole Agent with the address where they intend to reside upon verification and approval of the Parole Agent.

(3) The Parole Agent shall utilize available resources to identify any public or private schools and parks where children regularly gather, to determine if any will fall within any residence restrictions imposed on the supervised person. Available resources that may be considered include, but are not limited to:

(A) The California Department of Education's website, which lists public, private, and charter (a category of public) schools.

(B) Internet directories and navigation system services, such as MapQuest and Google services, which list public schools by district, including city and/or county public school directories.

(C) Listings provided by city halls that include local schools and parks.

(D) Resources available on the internet, such as satellite maps.

(E) Observations from site visits or familiarity with the community.

(4) If any public or private schools and/or parks where children regularly gather are identified to be within the residence restriction, 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) Supervised persons shall be advised whether the proposed residence is compliant with the residence restriction. If the residence is noncompliant based on the measurements taken by the Parole Agent, as described in subsection 3571(e)(4) above, the actual distance and name of the prohibited public or private school, or park where children regularly gather, and method of measurement shall be disclosed to the supervised person upon their request.

(f) A supervised person who has a special condition of parole prohibiting contact with specified minors shall not be allowed to reside in any residence where a minor with whom the supervised person is prohibited from having contact also resides.

Cal. Code Regs. Tit. 15, § 3571

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.04, 290.06, 3003.5, 3008, 3053 and 5054, Penal Code; Doe v. Schwarzenegger (2007) 476 F.Supp.2d. 1178; In re E.J. (2010) 47 Cal.4th 1258; People v. Lent (1975) 15 Cal.3d 481; People v. Dominguez (1967) 256 Cal.App.2d 623; United States v. Wolf Child (9th Cir. 2012), 699 F.3d 1082; and In re Taylor (2015) 60 Cal.4th 1019.

1. New section filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 48).
3. New section refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-2011 order, including amendment of subsections (a)(1)-(2) and (a)(4), transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).
5. Amendment of section and Note filed 10-10-2016 as an emergency; operative 10-10-2016 (Register 2016, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-20-2017 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 10-10-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 19).
7. Amendment of section and Note refiled 5-23-2017 as an emergency; operative 5-23-2017 (Register 2017, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-21-2017 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 5-23-2017 order, including amendment of Note, transmitted to OAL 8-15-2017 and filed 9-25-2017; amendments effective 9/25/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 39).
9. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).