Section 3582 - High Risk Sex Offender Residence RestrictionsSupervised persons who are required to register as sex offenders pursuant to PC sections 290 through 290.023, inclusive, and who have been designated as HRSO by the Department, are subject to residence restrictions as specified in this section and as defined in section 3571.
(a) A HRSO released on parole who is required to register pursuant to PC sections 290 through 290.023, inclusive, may not, during the period of parole, reside in any single family dwelling with any other person also required to register as a sex offender, unless those persons are legally related by blood, marriage, or adoption. A residential facility located within a single family dwelling which serves six or fewer persons shall be excluded from this restriction.(b) A HRSO released on parole on or after November 8, 2006 who is required to register pursuant to PC sections 290 through 290.023, inclusive, and whose current commitment to the Department is for a conviction for a violation of PC section 288, inclusive of any subsection, or PC section 288.5, shall not reside within one-half mile of any public or private school, kindergarten through grade 12, inclusive.(c) A HRSO who has a juvenile adjudication for PC section 288, inclusive of any subsection, or PC section 288.5, is not subject to the provisions of PC section 3003(g); however, may have a residence restriction imposed pursuant to section 3571.(d) A HRSO, released on parole on or after November 8, 2006 who is required to register pursuant to PC sections 290 through 290.023, inclusive, and who does not have a current or prior conviction for a violation of PC section 288, inclusive of any subsection, or PC section 288.5 may have a residence restriction imposed pursuant to section 3571. A residence restriction shall not be imposed unless it is supported by circumstances found in the supervised person's criminal history as described in section 3571.(e) Residence Verification and Approval. DAPO shall monitor compliance with the residence restrictions contained in this section.(1) 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 intends to reside upon verification and approval of the Parole Agent.(3) The Parole Agent shall utilize available resources identified in subsections 3571(e)(3)(A) through 3571(e)(3)(E) to identify any public or private schools located approximately within one-half mile of the supervised person's proposed residence.(4) If any public or private schools and/or parks where children regularly gather are identified to be within the residence restriction of a HRSO, the Parole Agent shall use a Global Positioning System (GPS) measuring device to determine the distance from the residence to the school and/or park. The distance shall be measured from the primary entrance of the proposed residence to the nearest exterior property boundary of the school and/or park.(5) Supervised persons shall be advised whether the proposed residence is compliant. If the residence is noncompliant based on the measurements taken by the Parole Agent, as described in subsection 3582(e)(4) above, the actual distance and name of the prohibited public or private school and method of measurement shall be disclosed to the supervised person upon their request.(f) When probable cause is discovered that a HRSO supervised person, is in violation of a residence restriction, DAPO shall file a revocation petition in superior court.Cal. Code Regs. Tit. 15, § 3582
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.04, 290.06, 3003, 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; and In re Taylor (2015) 60 Cal.4th 1019.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.04, 290.06, 3003, 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; 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 subsection (b), repealer of subsection (b)(1), redesignation and amendment of former subsection (c)(1) as subsection (d), subsection relettering, redesignation of former subsection (d)(1) as subsection (f) and subsection relettering, 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 first paragraph and subsections (d), (e)(1)-(3), (e)(5) and (f) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).