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Home My WebLink AboutSS3 - Proposition 83 - Jessicas LawCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. ss3 April 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Rob Morton, Lieutenant; 644 -3708; rmorton(cDnbpd.org Mark Hamilton, Sergeant; 644- 3775; m ham ilton(a)_nbpd.org SUBJECT: PROPOSITION 83 ( "JESSICA'S LAW ") ISSUE: How is Jessica's Law implemented locally? BACKGROUND: On November 7, 2006, California voters passed Proposition 83 ( "Jessica's Law ") Among its many provisions, Proposition 83 provides: Increased penalties for sex offenses; Requires GPS devices for registered sex offenders; and Provides for residency restrictions for sex offenders. Almost immediately, Proposition 83 was challenged in the courts and a Federal Judge in San Francisco issued a Temporary Restraining Order blocking enforcement of residency restrictions. Today, there are numerous Proposition 83 lawsuits pending in the California and Federal courts with no immediate resolution in sight. California Penal Code § 3003.5(c), a provision of Proposition 83, authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of any registered sex offender. Notwithstanding the legal challenges to Proposition 83, several cities have enacted or are considering the enactment of ordinances addressing residency and loitering restrictions for sex offenders. The Constitutionality and enforcement of these ordinances, as well as their effects on registered sex offenders, are still being determined. Proposition 83 — Jessica's Law April 8, 2008 Page 2 DISCUSSION: The following is a summary of key California sex offender laws and NBPD procedures related to sex offender registration. Additionally, key provisions of two city ordinances recently enacted pursuant to Proposition 83 have been highlighted. SEX OFFENDER REGISTRATION (290 PC) • Lifetime requirement. • Must register yearly with agency having jurisdiction over their residence within 5 working days of their birthday. • Must register within 5 working days of moving in, changing address or moving out of a jurisdiction. • Must register within 5 working days of release from custody. • Transients must register in the jurisdiction where they are primarily physically present every 30 days. COMMON MISUNDERSTANDINGS REGARDING REGISTRATION STATUS Unless the registrant is on Parole or Probation with search terms there are no exceptions to the usual rules in place surrounding Police ability to search a registrant's residence, person, or vehicle. In other words, the registrant is entitled to the same protections against unlawful search and seizure as non - registrants. Not all registrants are full address/full disclosure — DOJ determines each registrant's disclosure based upon the following: 1. "Full Address" (equivalent to High Risk): This classification may be given to repeat offenders or those who pose the greatest risk to the community and their name and address may be released to the public. These registrants are listed on the public Megan's Law Web site. 2. "Zip Code" (equivalent to Serious): This classification would be for more serious crimes, and the registrant's name and zip code may be released to the public. These registrants are listed on the public Megan's Law Web site. 3. "No Post/Excluded" (equivalent to Other): This classification is typically for non - violent crimes, and the registrant's name may not be released to the public. Subjects falling under this classification are not listed on the public Megan's Law Web site. • The '' /z Mile from any school residency restriction only applies to "high risk" paroled registrants convicted of violations of Califomia Penal Code §288 or §288.5 (generally, lewd acts with minors) (3003(g) PC). Proposition 83 — Jessica's Law April 8, 2008 Page 3 PUBLIC NOTIFICATION DOJ has the statutory responsibility to inform the public about registrants via their Megan's Law website (www.meganslaw.ca.gov). Under certain defined, restricted circumstances (defined in 290.45, 290.46 PC — public safety concerns) NBPD can inform the community about a registered offender who is not listed as full address on the DOJ website. We currently have a link on our NBPD website (www.nbpd.org) to the California DOJ'S website for the community to search for full address registrants living in their area. BOOKING CHARGES If the registrant's underlying PC §290 (Sex Offender Registration Act) conviction offense was a misdemeanor, the booking charge for the first violation is a misdemeanor ( §290 (g)(1) PC). If the registrant has a prior conviction for failing to register or their primary conviction offense is a felony, their failing to register is a felony ( §290 (g)(2) PC). EMPLOYMENT / VOLUNTEER RESTRICTION Sex Registrants who work or volunteer in an "unaccompanied" setting with minor children on "more than an incidental and occasional basis" or have "supervisory or disciplinary power" over minor children must disclose their registrant status upon application or acceptance of position ( §290.95 PC). Further restrictions are in place where the registrants' victim was under 16 years of age. JESSICA'S LAW (PROPOSITION 83) (3003.5 PC) • As noted above, Jessica's Law was enacted effective November 7, 2006 and is currently being challenged in the Courts. • Registrants on PAROLE ONLY may not reside in a single family dwelling (excluding residential facility serving six or fewer persons) with ANY other registrant unless related by blood, marriage or adoption ( §3003.5(a) PC). • Based upon the wording in the statute ( §3003.5 (b) PC), 290 registrants cannot reside within 2,000 feet of a school or park where children "regularly gather." Conviction dates of registrants and how those dates apply to the new statute are being challenged particularly by those convicted prior to the date of the law's enactment. • California DOJ has indicated that it is illegal for any Law Enforcement Agency to refuse to register a PC §290 registrant who wants to live within the 2,000 foot restriction. • The wording in the statute actually failed to make violating any of these new provisions a criminal offense. NBPD has actively worked with local parole and Proposition 83 — Jessica's Law April 8, 2008 Page 4 probation officers to restrict the residency of sex offenders according to the terms in Jessica's Law. The text of the law did give local jurisdictions the "authority" to enact local ordinances further restricting the residency of §290 registrants ( §3003.5(c) PC). See the text below for information about what other jurisdictions have done. The "GPS for life" text in the statute is also being challenged because the wording relates to "Paroled" offenders and Parole is not a lifetime commitment ( §3004(b) PC). NBPD PROCEDURES FOR SEX OFFENDER REGISTRATION IN NEWPORT BEACH • Obtain verification of residency and current parole or probation status of intended registrant. • Complete DOJ Registration forms including fingerprints, Prop 69 DNA Swab, photographs of registrant and their vehicle. • Enter registration information into the Violent Crime Information Network (VCIN). • Periodic unannounced visits for confirmation of residency by Detectives and Patrol. • Maintain files for each registrant, both current and past. SAMPLE JESSICA'S LAW LOCAL ORDINANCES City of Long Beach • Further restricts / regulates the number of sex offenders, whether or not on parole or probation, residing in single family (including sober living facilities) or multi - family dwellings, duplexes, hotels, motels, and inns. • Ordinance will be applied retroactively, regardless of when the offender was convicted. • Prevents sex offenders from becoming a permanent or temporary resident in areas located within 2,000 feet of a child care center, public or private school grades K through 12 or park. • Definition of park includes beaches. • Prevents sex registrants from loitering in a Child Safety Zone defined to include child care facilities; schools; parks; libraries; swim facilities; commercial facilities with children's playgrounds; facilities that cater to children's group activities; and school bus stops. • Provides criminal and civil penalties for offenders and responsible parties (Property Owner and /or Owner's Authorized Agent) Proposition 83 — Jessica's Law April 8, 2008 Page 5 City of San Diego • Prohibits registered sex offenders from being within 300 feet of amusement centers, arcades, child day care facilities, libraries, playgrounds, parks, and schools. • Prohibits registered sex offenders from residing within 2,000 feet of amusement centers, arcades, child day care facilities, libraries, playgrounds, parks, and schools. • Exemptions available for sex offenders who are a student of a school or a parent of a child attending a school • Registered sex offenders currently living within 300 feet of prohibited locations are not required to move but must proceed directly to and from their residence and can't loiter or remain in the 300 foot zone. • Registered sex offenders do not have to move if any of the prohibited locations / entities moves within 2,000 feet of the sex offender's residence CONCLUSION: The City of Newport Beach places a high priority on public safety, particularly the safety of its children. Considering that sex offenders pose a unique threat to public safety due to high recidivism rates, the City of Newport Beach may consider enacting an ordinance similar to that of San Diego or Long Beach addressing residency and loitering restrictions for registered sex offenders. Prepared by, Rob Morton LIEUTENANT ATTACHMENTS Approved by, John Klein CHIEF OF POLICE Exhibit A — September 13, 2007 California DOJ memo regarding Jessica's Law Exhibit B — January 22, 2008 Califomia DOJ memo regarding Jessica's Law Exhibit C — City of Long Beach ordinance Exhibit D — City of San Diego ordinance Exhibit E — California Sex Registration laws EXHIBIT A EDMUND G. BROWN JR. State of California Attorney General DEPARTMENT OF JUSTICE 455 GOLDEN GATE AVENUE, SUITE 11000 SAN FRANCISCO, CA 94102 -7004 Publie: ((415) 703 -5500 Telephone: (415) 703 -5866 Facsimile: ((415)703 -1234 &Mail: Dane.Gillette @doj.ca.gov September 13, 2007 BULLETIN TO ALL CALIFORNIA LAW ENFORCEMENT AGENCIES Re: Jessica's Law (Proposition 83) "Jessica's Law" was enacted as Proposition 83 on November 7, 2006. The status of this law has not yet been settled by the California courts. Several federal and state suits have been filed, challenging the residency restriction, which prohibits registered sex offenders from living within 2000 feet of a school or park where children regularly gather, and the requirement that sex offenders released on parole be monitored by a global positioning system for life. (Pen. Code, §§ 3003.5, 3004.) In one case currently pending in the California Supreme Court, the Attorney General has asked for expedited review because we believe that it is essential for law enforcement agencies to be given more clarity about the laws application. Until the California Supreme Court issues a ruling, there will be no controlling authority on which sex offenders are affected by the law. It is also unclear whether Proposition 83 created a criminal offense to fail to abide by the residency restrictions or to wear a GPS. The Attorney General has taken the position in the litigation that the language of the initiative failed to make it a criminal offense. Ultimately, the courts will decide whether the laws are constitutional. In two federal cases, the United States District Courts for the Eastern and Northern Districts of California ruled that Proposition 83 is not retroactive. Those courts held Proposition 83 does not apply to sex offenders who were convicted and released on parole or probation prior to November 8, 2006, the effective date of Proposition 83. One of those decisions also stated that the 2000 -foot restriction does not apply to a sex offender who was convicted and released on parole prior to November 8, 2006, even if he or she moves to a location within 2000 feet of a school or park after November 8, 2006. Until the California courts resolve this issue, the Attorney General's position remains that a person is subject to the residency restrictions of Jessica's law if he or she moves to a location BULLETIN TO ALL CALIFORNIA LAW ENFORCEMENT AGENCIES September 13, 2007 Page 2 within the prohibited 2000 -foot area after enactment of the law. If he lived in a residence within that zone prior to November 8, and has not moved, he is not subject to the law. Please refer any legal questions regarding this Information Bulletin to Deputy Attorney General Janet Neeley at (916) 324 -5257, or via e-mail to: Janet neelev(a),doj.ca.eov. Sincerely, DANE R. GILLETTE Chief Assistant Attorney General For EDMUND G. BROWN JR. Attorney General . EXHIBIT B EDMUND G. BROWN JR. State of California Attorney General DEPARTMENT OF JUSTICE 455 GOLDEN GATE AVENUE, SUITE 11000 SAN FRANCISCO, CA 94102 -7004 Public: (415) 703 -5500 Telephone: (415) 703 -5866 Facsimile: (415) 703 -1234 January 22, 2008 BULLETIN TO ALL CALIFORNIA LAW ENFORCEMENT AGENCIES Re: Registration of Sex Offenders and Jessica's Law (Residencv Restrictions) "Jessica's Law," which was enacted as Proposition 83 on November 7, 2006, prohibits persons required to register as a sex offender pursuant to Penal Code section 290 from living within 2000 feet of public or private schools or parks where children regularly gather. (Pen. Code, § 3003.5.) This residency restriction is being challenged in the courts, and it remains uncertain to whom it applies. (The Department of Justice is arguing that it applies to all current sex offenders, i.e., anyone who has been convicted of a qualifying offense, regardless whether the conviction was rendered before or after the law was passed, unless the person was living at a residence within the 2000 foot exclusion zone prior to the passage of Jessica's Law. Others are arguing that it applies to persons released from incarceration after the date the law was passed, and still others are arguing that it only applies to persons convicted of a qualifying offense after the date the law was passed.) We will let you know as soon as we get clarification from the courts on this issue. But regardless of the residency requirement's application, local law enforcement agencies still have a mandatory duty under the law to register sex offenders living in their jurisdictions. It is illegal for a local agency to refuse to register a sex offender who is Irving within 2000 feet of a school or park. If a law enforcement agency believes a registrant is in violation of the residency requirement, the agency must still register the person at the address where he or she reports. The agency may then choose to refer the case to the District Attorney, who will retain the discretion whether to prosecute it. Similarly, law enforcement agencies cannot refuse to register persons as transients.. If the agency believes that an offender registering as a transient is not truly transient (because the agency believes that the registrant regularly sleeps nights at a residence address), the agency must still register him or her as transient. The agency may then choose to refer the case to the District Attorney, who will retain the discretion whether to prosecute it on the basis that the registrant is in violation of his or her duty to register under Penal Code section 290, subdivision (b). Please refer any legal questions regarding this Bulletin to Deputy Attorney General Janet Neeley at (916) 324 -5257, or via e-mail to ianet.neeleyi EXHIBIT C CITY OF LONG BEACH TUESDAY, MARCH 18, 2008 CITY COUNCIL SUPPLEMENTAL AGENDA COUNCIL CHAMBER, 5:00 PM Bonnie Lowenthal, Vice Mayor, 1st District Gerrie Schipske, 51h District Suja Lowenthal, 2nd District Dee Andrews, 8th District Gary DeLong, 3rd District Tonia Reyes Uranga, 7th District Patrick O'Donnell, 4th District Rae Gabeiich, 8th District Val Lerch, 91h District Patrick H. West, City Manager 0 Larry G. Herrera, City Clerk Bob Foster, Mayor Robert E. Shannon, City Attorney CITY COUNCIL SUPPLEMENTAL AGENDA FOR THE MEETING OF MARCH 18, 2008 This Supplemental Agenda contains corrections and additions, which were posted more than 72 hours in advance of the above meeting date. HEARING: 1. 07 -1395 REQUEST: The City Manager requests that Agenda Item No. 1 be withdrawn from the agenda for the City Council meeting of March 18, 2008. WITHDRATTR 4• — a. aa• a .!. L a •e • a e a a a• ca a •a o - - Office or Department: DEVELOPMENT SERVICES Suggested Action: Approve recommendation. Page 1 of 3 CITY OF LONG BEACH CITY COUNCIL SUPPLEMENTAL AGENDA CONSENT CALENDAR: (2 - 15 and 20) 20.08 -0227 REQUEST: TUESDAY, MARCH 18, 2008 COUNCIL CHAMBER, 5.00 PM The City Clerk requests that Agenda Item No. 20 be moved to the Consent Calendar for the City Council meeting of March 18, 2008- The recommended action remains the same. Recommendation to City Council to concur In recommendation of the Federal Legislative Committee to receive and file the following pending files: • Communication regarding October 1 - 2, 1998 Conferences in Washington, D.C. (October 1998); • Issue of Legislation that would result in an increase in the maximum allowable weight and length of trucks (April 1999); • Salt Evaporation Facility in Laguna San Ignacio, Baja, California: Mexico (February 2000); • Secure Federal funding for the 21st Century Community Learning Centers Program (December 2000); • Federal Energy Regulatory Commission - Energy Crisis (February 2001): • Los Angeles County Drainage (LACDA) Project Status /Mandatory Flood Insurance (June 2001); and • Contract with Carpi Clay & Smith for Federal Advocacy Services (September 2007). Office or Department: COUNCILMEMBER GARY DELONG, THIRD DISTRICT, CHAIR; FEDERAL LEGISLATION COMMITTEE Suggested Action: Approve recommendation. Page 2 of 3 CITY OF LONG BEACH CITY COUNCIL SUPPLEMENTAL AGENDA ORDINANCES: 33.08 -0211 REQUEST: nem TUESDAY, MARCH 18, 2008 COUNCIL CHAMBER, 5:00 PM The City Attorney requests that a revised ordinance pertaining to Agenda Item No. 33 be distributed for the City Council meeting of March 18. 2008. Recommendation to declare ordinance amending the Long Beach Municipal Code by adding Title 9, Chapter 9.66, to include residency and loitering restrictions for sex offenders, read and adopted as read. (Citywide) Office or Department: CITY ATTORNEY Suggested Action: Approve recommendation. Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 v 12 G14; FTfi 15 OWN 1 u 6 000n 17 18 19 20 21 22 23 24 i 25 26 27 28 li►ti 1110t74iM r ► ■ 7C#7il � r • 4 ii SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS 9.56.010 Definitions. For purposes of this Chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows: i „ far)* -4We- ±r aneAt+9skkH4ey- A, "Child" or "Children" shall mean any person(s) under the age of eighteen (18) years of age_ 13. "Child Care Center" shall mean any State of California. Department of Social Services licensed facia` that provides non - medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty four (24) hour basis, including but not limited to a family day care horns, infant center, preschool. extended- day care facility, or school- age.child care center. C "Child Safety Zone" shall include those areas located within a three hundred (300) feat- radius feet from the nearest proLegy line of a child care center, public or private school grades K through 12, park, public library, swimming or wading pool. commercial establishment that provides any area in or adjacent to such establishment as a children's playground, srhsel-btts-s , or any location that facilitates on the property classes or group activities for children. ar q. Or ice. D "Duplex" shall mean a residential Sand use for a building containing two dwelling units. i 4 W C A Z O� 0 rz >� �g a< w�rBU � w.f a UJ W H m G � � M 1 2 3 4 5 6 7 8 9 10 11 12 13 �' 14 15' 16 17 18 19 20 21 22 23 24 25 1 26 27 s 28 E. "Hotel /Motel" shall mean a commercial land use for the rental of six (6) or more guest rooms or suites for primarily temporary residency for a period of not more than thirty (30) consecutive days. F. 'Inn" shall mean a commercial land use for the rental of five (5) or fewer guest rooms or suites primarily for temporary residency for a period of not more than thirty (30) consecutive days. G—. "Loitering" shall mean to delay, linger, fen4ain -or- wander- ws44aua any- a$parerrt- �r.+rpsse or idle about a Child Safety Zone vrithpuf lawful business 2LQW(mWLOr being�present. H, "Multi- family Dwelling" shall mean a building designed for permanent residency for three (3) or more families living independently of each other. This includes apartment houses and condominiums, but does not include hotels. motels, or inns 'Owner's Authorized Agent" shall mean any natural person firm . association, ioint venture,_ioint stock company, oartnership, organization, club # # "# # + # IL. .•sue G - L L G 9 G J. 'Park" shall include any areas publicly owned.. leaser!, controlled, maintained or managed by a city or county which are open to public use for recreational, cultural and community service activities, and include, but are not limited to, beaches afld-seashefes, playgrounds, playfields. athletic courts, and. ;log park recreation areas. K. `Permanent Resident Residency" shall mean any person who, as of a given date: has- eiiher- -ate h;s -er- er se ef- araetk obtained the right Gf ocupaney -in to,.ticcupy a residential dwelling inc but not limited to a l3lex. Multi - family Dwelling. Single Family Dwelhng. Hotel. N 1 2 3 4 5 6 7 9 10 iii Yes s 12 0a.°°,T oU 13 tz> 00 14 w z u W ofi 15 owc —4 16 .> M o0V 17 18 19 20 21 22 23 24 25 i 26 ' 27 l 2E w�444+RoAth for more than thirty (30) conseoutive day,s. L. "Property Owner' as applied to buildings and land shall mean the owner of record of any parcel of real property as designated on the county assessor's tax roil, or a holder of a subsequently recorded deed to the property, and shall include any part owner, ioint owner, tenant, tenant in common, orjoint tenant nt, "of or a part of such building or land. M. "Residential Exclusion Zone" shall include those areas located within a two thousand (2,000) feat4,mWs feet of the closest property line of the subiect property to the closest property line of a child care center, public or private school grades K through 12, or park in which a sex offender is prohibited from temporarily or permanently residing. N "Responsible Party° shall mean the Property Owner and/or the Owner's Authorized Agent. O. "Sex Offender" means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation. P. 'Single Family Dwelling" means one (1) permanent residential dwelling located on a single lot with yard areas that separate that dwelling from other dwellings. 'Temporary Resident R;-�" means any ep rson esstrpant who, for a period of thirty {30} d ys or less , ` er-at lass er her awIR e*pefis,e-a -at- the eocc sG ^o ^^ ^'ten obtains obtained the right sy to occupy a dkv t nq inrludinq but not limited to a Hotel Motel or Inn. 9.66.020 Violation of Child Safety Zone. No Sex Offender shall Loiter in a Child Safety Zone. 3 �0 7 n W �'y Q � avvc U254 Wz'U M < m V tiM oXnM 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2` r 29 9.66.030 Violation of Residential Exclusion Zone_ No Sex Offender shall per +vmanent7y nrperarty reside be a Permanent or Temporary Resident in a Residential Exclusion Zone. 9.66.040 Sex Offender Violation - Single Family Dwellings. No Sex Offender shall GWain-9ocapansy,be a Permanent or Temporanr Resident in a Single Family Dwelling already occupied by a Sex. Offender, unless those persons are legally related by blood, marriage or adoption. 9.66.050 Sex Offender Violation -Multi- Family Dwellings. No Sex Offender shall obtain- oreulaaney be a Permanent or Temporary Resident in a Multi - family Dwelling already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 9,66.060 Sex Offender Violation- Duplex Dwellings. No Sex Offender shah obtain- oeeepane be a Permanent or Temporary Resident in a Duplex Dwelling already occupied by a Sex Offender, unless those persons are legally related by blood, marriage. or adoption. 9,66.070 Sex Offender Violation -Hoter /Motel /inn Rooms. No Sex Offender shall obtain- e-�sy be a Permanent or Tem ora Resident in a guest room of a Hotel, Motel, or Inn already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 9.66080 Sex;Offender Violation- Hotel/Motelflnn Permanent Resident No z.g nd, a. r_ shall._Ye.a_.FermanentaR2sident in,an nest room of Z! iictie:,_Fcil ec7f._ Inn _wherir7 a,_seParate and distinct quest room is already occupied by a Swx Jffender as a f?errnanent Resident. 4 1 21 3 4 5 6 7 8 9 10 it wE� 92'' to 13 <U >Z s� uzo� 14 wam 15 C 16 u 17 1 8 1 '', 19 4i 20 II 21 22 23 1� i 24 25 , 26' 27 28 9.66.090 Responsible Party Violation - Single Family Dwellings_ No Responsible Party shall knowingly rent a Single Family Dwelling to snore than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. 9Z6,100 Responsible Patty Violation- Single Family Dwellings Temporary Use. No Responsible Party shall knowingly rent a Single Family Dwelling to a Sex Offender 4*_a persed -of as a Temporary Resident kesWeraey. 9.66.110 Responsible Party Violation - Multi- Family Dwelfngs. No Responsible Party shall knowingly rent a any unit within a Multi - family Dwelling to more than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. 9.66.120 Responsible Party Violation - Multi - Family Dwellings Multiple Units. No Responsible Party shall knowingly rent more than one unit within a Multi- family Dwelling to a Sex Offender during any given period of tenancy_ 9,66.130 Responsible Party Violation - Multi - Family Dwellings Temporary Use. No Responsible Party shall knowingly rent any Multi- family Dwelling to a Sex Offender fora- period -of as a Temporary Resident R klef". 9.66.140 Responsible Party Violation - Duplex Dwellings, No Responsible Party shall knowingly rent a any unit within a Duplex Dwelling to more than one (1) Sex Offender during any given period of tenancy. unless these persons are legally related by blood. marriage or adoption, 5 1 2 3 4 5 6 7 9 101 ilk ao 12 ry 13 a�-jOm u °a o r 14 w=io 15 Ux� 16 00M 17 18 19 20 21 22 23 24 1! 25� 26 27 Ijll 28 1il 9.66.150 Responsible Parry Violation - Duplex Dwellings Multi le Units, No Responsible Party shall knowingly rent more than one (1) unit within a Duplex Dwelling to a Sex Offender during any given period of tenancy. 9 66.160 Responsible Party Violation- Duplex Dwellings Teor Use, No Responsible Party shall knowingly rent any Duplex Dwelling to a Sex Offender for- a-periad•ef as a Temporary Resident Reskl y, 9.66.170 Responsible Party Violation-Hotel/Motel/Inn, No Responsible Party shall knowingly rent a guest room in a Hotel, Motel, or Inn to more than one (1) Sex Offender, unless those persons are legally related by blood. marriage or adoption. 9.66.180 Resognsible Party Violation- HotelJMotelflnn Permanent Resident. No Responsible Party shall knowingly rent more than one (1) guest room in a Hotel. Motel, or Inn to a Sex Offender as a Permanent.Resident. 9.66.190 Penalties. Every person who #a!!s tt� sbeyanrt- eocr�pi}, wi## arry previsiens -raf Ehapter 9-6"F wha violates any st+ch provision disebed,ence -er K4atien, of this Chapter shall be deemed guilty of a misdemeanor and shall be subject to the penalties as set forth in Section 1. 32.01 Q. 9.66.200 Criminal Penalties Do Not Satisfy Administrative or Civil Actions. Neither the arrest, prosecution, conviction, .impri'sonment, or payment of any fine for the violation of Chapter 9.66 shall satisfy or diminish the authority of A 1 2 3 4 5 6 7 8 9 1 Cl 11 0 12 z r r I f7Q °"r 13 i 14 0 w z ra � 6 15 to m w� „m 16 LL M 17 a� 18 19 20 21 j 22 23 24 25 26 27 28 the City to institute administrative or civil actions seeking enforcement of any or all of the provisions of this Chapter. 9.65.210 Civil Actions. Any person required to comply with any or all of the provisions of Chapter 9.66 shall be liable in an action filed by the City in any court of competent jurisdiction in order to enforce such provision and to pay such reasonable costs of the suit as the court may deem appropriate, including any and all attorney fees incurred by the City in the prosecution of said enforcement action. 7 1 2 3j I 4 5 6 7 8 9 10 11 12 2 c � 13 14 w �f, 15 OW8 16 U� c 0 o� 17 18 19 20 21 22 23 24 �J 25 jt 3 26 ii 27 28 * i • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE 'LONG BEACH MUNICIPAL CODE BY ADDING TITLE 9, CHAPTER 9.66 TO INCLUDE RESIDENCY AND LOITERING RESTRICTIONS FOR SEX OFFENDERS WHEREAS, on November 7, 2006, the voters of the State of California overwhelmingly approved Proposition 83, The Sexual Predator Punishment and Control Act, commonly referred to as Jessica's Law, so as to better protect Californians, and, in particular, the children of this State from sex offenders, and WHEREAS, Proposition 83 enacted subsection (b) of Penal Code Section 3003.5 which prohibits any registered sex offender, on parole to the California Department of Corrections and Rehabilitation - Division of Adult Parole Operations, from residing within 2,000 feet of any public or private school, or any park where children regularly gather: and WHEREAS, Proposition 83, as codified in subsection(c) of Penal Code Section 30015. authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of any registered sex offender, whether or not on parole or probation: and WHEREAS, local ordinances authorized by subsection (c) of Penal Code section 3003.5 are permitted to regulate the number of registered sex offenders that reside in a residential facility. including those facilities which serve six or fewer persons commonly referred to as sober living facilities. and are considered a single family dwelling pursuant. to Health and Safety Code Section 1566.3: and 1r:1HEREAS, the City of Long Beach is becoming an increasingly attractive place of residence for families with children, and Wn' LL z> UZ OU W¢� = =m$ oWorai wW3° o� a 7 8 9 10 t1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 s 28 WHEREAS, there are approximately 800 registered. sex offenders in the City of Long Beach, and approximately 300 of these registered sex offenders are on parole; and WHEREAS, the City is concerned with recent occurrences„ within the City and elsewhere in California, where multiple registered sex offenders have been residing in clusters in violation of subsection (b) of Penal Code Section 3003.5; and WHEREAS, because Long Beach Municipal Code Chapter 9:66 is intended to eliminate any potential conflict of land uses in residential neighborhoods and to reduce the potential dangers associated with multiple registered sex offenders living near families with children and places where children frequently gather, coupled with the fact that subsection (a) of Penal Code Section 3003.5 expressly refers to `single family dwellings' as opposed to multiple family dwellings, Chapter 9.66 shall also regulate the number of registered sex offenders permitted to reside in multiple family dwellings; and WHEREAS, in addition to public and private schools and parks. the City further finds that California State licensed day care facilities are necessarily included as places where children frequently gather; and WHEREAS, there is currently no State or local ordinance that prohibits registered sex offenders from loitering near places where children congregate, therefore Chapter 9.66 shall also prohibit registered sex offenders from loitering within a 300 foot radius from locations where children gather; and WHEREAS, in order to foster compliance with the intent of this ordinance, Chapter 9.66 shall also establish regulations of registered sex offenders and the property owners who rent to them; and WHEREAS, this ordinance is required for the immediate preservation of the public peace: health, and safety_ and it shall be the intent of the City Council to construe this ordinance as having a retroactive application, as follows: NOW THEREFORE, the City Council of the City of Long Beach ordains a % C 6 W LL t rpgp wz� uN wee Ciw�m [Z ft c LL 1 2' 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 l 17 j 18 I 19 j 20 21 22 23 24 25 26 2' 28 Section 1, Chapter 9.66 of the Long Beach Municipal Code entitled "Sex Offender Residency and Loitering Restrictions" is added to read as follows: CHAPTER 9.66 SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS 9.66.010 Definitions. For purposes of this Chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows: A. `Child" or `Children` shall mean any person(s) under the age of eighteen (18) years of age. B. "Child Care Center" shall mean any State of California, Department of Social Services licensed facility that provides non - medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty four (24) hour basis, including but not limited to a family day care home, infant center, preschool, extended -day care facility, or school -age child care center. C, "Child Safety Zone" shall include those areas located within three hundred (300) feet from the nearest property line of a child care center, public or private school grades K through 12, park, public library, swimming or wading pool, commercial establishment that provides any area in or adjacent to such establishment as a children's playground, or any location that facilitates on the property classes or group activities for children, or school bus stops. D. "Duplex" shall mean a residential land use for a building containing two dwelling units. E °HoleltMotel" shall mean a commercial land use for the rental of six (6) or more guest rooms or suites for primarily temporary residency for a period of not more than thirty (30) consecutive days. 3 1. 2 31 4'!. 5 6 7 8 9 10 11 oq�`= " = 13 rz >� u °z 14 wzstm , I ME 15 a�flm 16 Q" 17 18 15 20 21 22 23 24 25 ?6 2' 28 F. `Inn" shall mean a commercial land use for the rental of five (5) or fewer guest rooms or suites primarily for temporary residency for a period of not more than thirty (30) consecutive days. G. "Loiter" shall mean to delay, linger, or idle about a Child Safety Zone without lawful business or purpose for being present. H. "Multi- family Dwelling" shall mean a building designed for permanent residency for three (3) or more families living independently of each other. This includes apartment houses and condominiums; but does not include hotels, motels, or inns 1. "Owner's Authorized Agent" shall mean any natural person, firm, association. joint venture, Joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, officer or employee authorized to act for the owner of a property. J. "Park" shall include any areas publicly owned, teased, controlled, maintained or managed by a city or county which are open to public use for recreational, cultural and community service activities, and include„ but are not limited to, beaches, playgrounds, piayfields, athletic courts, and dog park recreation areas. K. "Permanent Resident" shall mean any person who, as of a given date, obtained the right to occupy a dwelling including but not limited to a Duplex. Multi- family Dwelling, Single Family Dwelling, Hotel, Motel or Inn for more than thirty (30) consecutive days. L. - Property Owner" as applied to buildings and land shall mean the owner of record of any parcel of real property as designated on the county assessors tax roll, or a holder of a subsequently recorded deed to the property, and shall include any part owner, joint owner, tenant, tenant in common. or joint tenant, of the whole or a part of such building or land. 4 r 10 1'1 vo w s of 12 13 rz�Q° �°z'd 14 WZ 15 o� taw W, 16 OAP! 17 CJ 18 19 20 21 22 23 24 25 26 2 2s M. 'Residential Exclusion Zone" shall include those areas located within two thousand (2,000) feet of the closest property line of the subject property to the closest property line of a child care center, public or private school grades K through 12, or park in which a sex offender is prohibited from temporarily or permanently residing. N, "Responsible Party" shall mean the Property Owner and/or the Owner's Authorized Agent. O: "Sex Offender" means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation, P. "Single Family Dwellinq" means one (1) permanent residential dwelling located on a single lot with yard areas that separate that dwelling from other dwellings. Q. "Temporary Resident' means any person who, for a period of thirty (30) days or less, obtained the right to occupy a dwelling including but not limited to a Hotel, Motel or Inn. 9,66,020 Violation of Child Safety Zone. No Sex Offender shall Loiter in a Child Safety Zone. 9.66,039 Violation of Residential Exclusion Zone, No Sex Offender shall be a Permanent or Temporary Resident in a Residential Exclusion Zone. 9.66.040 Sex Offender Violation - Single Family Dwellings. No Sex Offender shall be a Permanent or Temporary Resident in a Single Fancily Dwelling already occupied by a Sex Offender, unless these persons are legally related by blood, marriage or adoption. 11 1 2 3 4 5 6 7 8 9 10 Ili r. za 12 UVO 13 Ugoc 14 WZo�' �z 15 oo� 17 18 19 20 21 22 23 24 25 26 27 28 9.66.050 Sex Offender Violation- Multi - Family Dwellings, No Sex Offender shall be a Permanent or Temporary Resident in a Multi- family Dwelling already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 9.66.060 Sex Offender Violation - Duplex Dwellings. No Sex Offender shall be a Permanent or Temporary Resident in a Duplex Dwelling already occupied by a Sex Offender, unless those persons are legally 9.66.070 Sex Offender Violation-Hotel/Motel/inn Rooms. No Sex Offender shall be a Permanent or Temporary Resident in a guest room of a Hotel. Motel, or Inn already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption_ 9.66.080 Sex Offender Violation - Hotel /Motellinn Permanent Resident No sex offender shall be a Permanent Resident in any guest room of a Hotel, Motel, or Inn wherein a separate and distinct guest room is already occupied by a Sex Offender as a Permanent Resident. 9.66090 Responsible Party Violation- Single Family Dwellings. No Responsible Party shall knowingly rent a Single Family Dwelling to more than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. 9 6 6. 10 0 Responsible Party Violation- Single Family Dwellings Temporary Use No Responsible Party shall knowingly rent a Single Family Dwelling to a Sex, Offender as a Temporary Resident, c 1 2 3 4 5 6 7 8 9 10 I. 11 vn �.s LLq 12 Wam� 14' OWN u� d 16 ww3 "M 17 �n n 1s 19 20 21 22 23 , 24 i 25 26 27 28 t� IJ/ ?/t 9.66.110 Responsible Patty Violation- Multi - Family Dwellings. No Responsible Party shall knowingly rent a unit within a Multi- family Dwelling to more than one (1) Sex Offender during any given. period of tenancy; unless those persons are legally related by blood, marriage or adoption. 9.66.120 Responsible Party Violation - Multi- Family Dwellings Multiple Units. No Responsible Party shall knowingly rent more than one unit within a Multi - family Dwelling to a Sex Offender during any given period of tenancy. 9.66.130 Responsible Party Violation- Multi - Family Dwellings Temporary Use, No Responsible Party shall knowingly rent any Multi- family Dwelling to a Sex Offender as a Temporary Resident. +9.66.140 Responsible Party Violation- Duplex Dwellings. No Responsible Party shall knowingly rent a unit within a Duplex Dwelling to more than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. 9.66.150 Responsible Party Violation- Duplex Dwellings Multiple Units. No Responsible Party shall knowingly rent more than one (1) unit within a Duplex Dwelling to a Sex Offender during any given period of tenancy. 9,66.160 Responsible Party Violation - Duplex Dwellings Temporary Use. No Responsible Party shall knowingly rent any Duplex Dwelling to a Sex Offender as a Temporary Resident. 7 2 3 4 5 6 7 9 10 11 >�a `� 12 ac rY- 13' >0 uz °� 14 'a LLTS 15 0W W�gM 16 ! va�,g 17 1s 19 20 21 E� 22 ,I 23 24 I ttr 25 Cl r 26 1 28 it t,! IS 9.66.170 Responsible Party Violation- Hatel/Moteilinn. No Responsible. Party shall knowingly rent a guest roam in a Hotel, Motel, or Inn to more than one (1) Sex Offender, unless those persons are legally related by blood, marriage or adoption. 9.66.180 Responsible Party Violation- Hotel/Motel/inn Permanent Resident. No Responsible Party shall knowingly rent more than one (1) guest room in a Hotel, Motel, or Inn to a Sex Offender as a Permanent Resident. 9,66.190 Penalties. Every person who violates any provision of this Chapter shall be guilty of a misdemeanor and shall be subject to the penalties as set forth in Section 1.32.010. 9.66.20+7 Criminal Penalties Do Not Satisfy Administrative or Civil Actions. Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of Chapter 9.66 shall satisfy or diminish the authority of the City to institute administrative or civil actions seeking enforcement of any or all of the provisions of this Chapter. 966210 Civil Actions. Any person required to comply with any or all of the provisions of Chapter 9.66 shall be liable in an action filed by the City in any court of competent jurisdiction in order to enforce such provision and to pay such reasonable costs of the suit as the court may deem appropriate. including any and all attorney fees incurred by the City in the prosecution of said enforcement action. 8 z 0 < z z go O 0 Cr 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28 1 Section 2: The Long Beach Police Department is directed to send copies of this ordinance to any Sex Offender who, on the effective date of this ordinance, is registered as living within the City of Long Beach. Section 3: The City of Long Beach, Office of the Long Beach City Attorney is directed to send copies of this ordinance to those Property Owners identified by the Long Beach Police Department who, on the effective date of this ordinance, own Single Family Dwellings, Multi-family, Apartment Houses, Duplex Dwellings, andlor commercial Hotels, Motels, and/or Inns occupied by more than one Sex Offender. Section 4: The City of Long Beach, Office of the Long Beach City Attorney is directed, on the effective date of this ordinance, to send a copy of this ordinance to the California Department of Corrections and Rehabilitation, Division of Adult Operations. Section 5, Notwithstanding any provision of this ordinance to the contrary, any Responsible Party in violation of the provisions of Chapter 9.66 prior to the effective date of this ordinance, shall be granted a six (6) month compliance period, commencing on the effective date of this ordinance, to bring their property into conformity with the provisions of Chapter 9.66. Section 6. If any section, subsection, sentence, clause. phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision, of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase. or potion 'thereof, irrespective of the fact that any one or more sections. subsections, clauses. phrases or portions be declared invalid or unconstitutional. M 1 2 3 4 5 6 7 8 9 10 11 � a Y c a 5 12 4 6 rq kQ U4 d ° - R 15 LL V% A3 0 L 0'(E WtiyC 16 U � u ox M 17 18 i 19 20 21 22 23 24 25 26 i i 2r 28 Section 7, The City Clerk shall certify to the passage of this ordinance by the City Council of the City of tong Beach and cause it to be posted in three conspicuous places in the City of tong Beach, and it shall take effect on the thirty -first (31) day after it is approved by the Mayor, I hereby certify that the foregoing ordinance was adopted by the City Council of the City of tong Beach at its meeting of , 2008, by the following votes: Ayes: Councilmembers: Absent: Councilmembers: Approved: (Cute} IH City Clerk Mayor EXHIBIT D (0- 2008 -89) (COKCOPY) ORDINANCE NUMBER O- (NEW SERIES) DATE OF FINAL PASSAGE AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 8, OF THE SAN DIEGO MUNICIPAL CODE BY ADDING DIVISION 6, TITLED CHILD PROTECTION ACT, AND BY ADDING SECTIONS 58.0601, 58.0602, 58.0603, 58.0604, 58.0605, 58.0606, 58.0607, 58.0608 AND 58.0609, ALL RELATED TO THE CHILD PROTECTION ACT. WHEREAS, the City of San Diego places a high priority on public safety, and particularly the safety of its children, and WHEREAS, sex offenders pose a unique threat to public safety due to high recidivism rates; and WHEREAS, according to a 1998 report by U.S. Department of Justice, sex offenders are the least likely to be cured and the most likely to reoffend and prey on the most innocent members of our society, and more than two- thirds of victims of rape and sexual assault are under the age of 18 and sex offenders have a higher recidivism rate for their crimes than any other type of violent felon; and WHEREAS, California votes approved Proposition 83, an initiative known as "Jessica's Law" on November 7, 2006; and WHEREAS, Jessica's Law made a number of changes to various statutes governing sex offenders; and WHEREAS, one of the provisions in Jessica's Law makes it unlawful for registered sex offenders to reside within 2000 feet of any public or private school, or parks where children regularly gather and further allows municipal jurisdictions to enact ordinances that further restrict where registered sex offenders reside; and WHEREAS, the City believes that one of the goals of Jessica's Law was to enable people to better protect themselves and their families, and to create ordinances furthering these goals; and WHEREAS, California state law does not address or prevent sex offenders from being in or near places where children frequently gather, such as parks and amusement centers, nor does it prohibit sex offenders from being near schools; and WHEREAS, the City finds that children are in need of further protection from sex offenders; and WHEREAS, the City believes restricting sex offender access to the locations where children gather will further public safety; and WHEREAS, the City intends that this ordinance be used to protect children, and not to harass or otherwise unreasonably restrict abiding law sex offenders; and WHEREAS, it is the intent of this ordinance to enact stricter residency requirements than contained in Jessica's Law by criminalizing the offense and by adding other locations; NOW THEREFORE, BE IT ORDAINED, by the Council of the City of San Diego, as follows: Section L That Chapter 5, Article 8, of the San Diego Municipal Code is amended by adding a new Division 6, titled "Child Protection Act" and adding new Sections 58.060 1, 58.0602, 58.0603, 58.0604, 58.0605, 58.0606, 58.0607. 58.0608, and 58.0609, to read as follows: -PAGE 2 OF 9- §58.0601 Purpose It is the purpose and intent of the Child Protection Act (CPA) to protect children from registered sex offenders by limiting their access to locations where children gather. It is intended to reduce the risk of harm to children by impacting the ability of sex offenders to be in contact with children. It is further the intent of this ordinance to provide additional restrictions beyond those provided for in Proposition 83, Jessica's Law (effective November 8, 2006) by adding locations to the residence restrictions of Jessica's Law, by restricting sex offenders from certain limited locations, and by allowing for both criminal and civil remedies, pursuant to Sections 12.0201- 12.0205 of this Code. It is not the intent of this ordinance to allow conduct otherwise prohibited by state law, or to contradict state law. §58.0602 Definitions For purposes of this Division: "Amusement center" means any establishment open to the public who provides entertainment directed at minors, or whose play equipment is primarily used by minors. It includes places like Chuck E. Cheese, Sea World, the San Diego Zoo and children's museums. It includes but is not limited to establishments that provide activities like gymnastics, laser tag, art classes, so long as the primary users of the establishment are minors. It does not include restaurants, movie theaters or shopping malls. It does not include businesses whose primary business is to sell toys or games or other similar products primarily used by minors. -PAGE 3 OF 9- "Arcade " means the same as it does in Section 33.1635. "Child day care facility" means any facility licensed as such pursuant to California Health and Safety Code, section 1596.750, except it does not include a "small family day care home " as defined in California Health and Safety Code section 1596.78(c). "Library" means any public library operated by the City of San Diego. "Minor" means any person less than eighteen (18) years of age. "Offense" means any criminal offense requiring registration under California Penal Code section 290. "Playground" means any outdoor premises or grounds owned or operated by the City that contains any play or athletic equipment used or intended to be used by minors. "Park" means the same as it does for purposes of California Penal Code section 3003.5(b). "Registered Sex Offender" and "sex offender" means any person required to register pursuant to California Penal Code section 290. "Reside" or "Residence" means the same as it does for purposes of California Penal Code section 3003.5(b). "School" means any public or state licensed private elementary or secondary school, attendance at which satisfies the compulsory education laws of the State of California. It does not include a residence where parents or guardians provide home schooling. This definition shall be interpreted to be consistent with California Penal Code section 3003.5(b). -PAGE 4 OF 9- §58.0603 Restricted Areas for Sex Offenders- Presence It is unlawful for any registered sex offender to be within 300 feet of any of the following places: (a) Amusement Center (b) Arcade (c) Child Day Care Facility (d) Library (e) Playground (f) Park (g) School §58.0604 Restricted Areas for Sex Offenders - Residency It is unlawful for any registered sex, offender to be reside within 2000 feet of any of the following places: (a) Amusement Center (b) Arcade (c) Child Day Care Facility -PAGE 5 OF 9- (d) Library (e) Playground (f) Park (g) School §58.0605 Measure of Distance The 300 -foot buffer zone and the 2000- foot buffer zone are measured in a. straight line, in all directions, without regard to intervening structures, from.the property line of the places listed in Section 58.0603(a) through (g), and 58.0604 (a) through (g). §58.0606 Other Establishment Restrictions for Sex Offenders It is unlawful for any registered sex offender to enter in to or remain in any amusement center contained within a non - restricted establishment, such as the play area of a fast food restaurant, or a video game arcade establishment in a shopping mall. §58.0607 Exemptions Any particular subsection of 58.0603 does not apply to any registered sex offender who is currently on probation or parole for an offense for which registration is required, and whose conditions of probation or parole would otherwise violate that subsection. A registered sex offender may be on or within 300 feet of a school if that sex offender is a parent or guardian of a child attending that school, or is a student at the school or has prior written permission for the entry from the chief -PAGE 6 OF 9- §58.0608 administration office of that school. This exemption does not apply to the residence restriction, only to the presence restriction. This exemption is intended to be co- extensive with Penal Code section 626.8, and is not intended to authorize any conduct prohibited by Penal Code section 626.8. Any registered sex offender who lives within 300 feet of any of the places listed in Section 58.0603 on is not required to move. However the sex offender must proceed directly to and from her or her residence, and not loiter or remain within the 300 foot zone. Any registered sex offender who resides outside 2000 feet of any of the places listed in Section 58.0604 on is not required to move if one of the entities listed in 58.0604 moves within 2000 feet of the sex offender's residence after Defenses It is an affirmative defense to Section 58.0603 when the person charged can show that traveling through the 300 foot zone was the only reasonable way to reach another destination. Loitering or unnecessarily remaining within the zone defeats the availability of the defense. For example, if a person takes a bus to work and the bus drives by or stops near a park, such person can use this subsection if charged with a crime under this section. Conversely, if a person walks to work, and must pass within 300 feet of a library, and if the person stands in front of the library rather than proceeding to his or her destination, the defense is not available. Entering into the prohibited establishment defeats the availability of the defense. -PAGE 7 OF 9- §58.0609 Effective Date for Residency Requirements The residency restriction contained in Section 58.0604 applies to any person who is required to register as a sex offender based on a crime committed on or after the BE IT ORDAINED, by the Council of the City of San Diego, as follows: Section 3. That a full reading of this ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public prior to the day of its passage. Section 4. That the clerk is instructed to insert the effective date of this ordinance, once known, in the blanks in sections 58.0607 and 58.0609. Section 5. That this ordinance shall take effect and be in force on the thirtieth day from and after its passage. APPROVED: MICHAEL J. AGUIRRE, City Attorney Mary Nuesca Deputy City Attorney MN:aml 01/17/08 02/25/08 (COR.COP1) Dept: PD 0- 2008 -89 -PAGE 8 OF 9- I hereby certify that the following Ordinance was passed by the Council of the City of San Diego, at its meeting of Approved: (date) Vetoed: (date) -PAGE 9 OF 9- ELIZABETH S. MALAND City Clerk By Deputy City Clerk JERRY SANDERS, Mayor JERRY SANDERS, Mayor EXHIBIT E NEWPORT BEACH POLICE DEPARTMENT Sergeant Mark Hamilton Summary of California Sex Registration Law and Applicable California Penal Code Sections SEX REGISTRATION REQUIREMENTS . 290. (a) Sections 290 to 290.023, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to "the Act" in those sections are to the Sex Offender Registration Act. (b) Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act. (c) The following persons shall be required to register: Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the.perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289; Section 220, except assault to commit mayhem, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2;.any statutory predecessor that includes all elements of one of the above - mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above - mentioned offenses. 290.001. Every person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code, shall register in accordance with the Act. 290.002. Persons required to register in their state of residence who are out -of -state residents employed, or carrying on a vocation in California on a full -time or part -time basis, with or without compensation, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year, shall register in accordance with the Act. Persons described in the Act who are out -of -state residents enrolled in any educational institution in California, as defined in Section 22129 of the Education Code, on a full -time or part -time basis, shall register in accordance with the Act. The place where the out -of -state resident is located, for purposes of registration, shall be the place where the person is employed, carrying on a vocation, or attending school. The out -of -state resident subject to this section shall, in addition to the information required pursuant to Section 290.015, provide the registering authority with the name of his or her place of employment or the name of the school attended in California, and his or her address or location in his or her state of residence. The registration requirement for persons subject to this section shall become operative on November 25, 2000. The terms "employed or carries on a vocation" include employment whether or not financially compensated, volunteered, or performed for government or educational benefit. 290.003. Any person who, since July 1, 1944, has been or hereafter is released, discharged, or paroled from a penal institution where he or she was confined because of the commission or attempted commission of one of the offenses described in subdivision (c) of Section 290, shall register in accordance with the Act. 290.004. Any person who, since July 1, 1944, has been or hereafter is determined to be a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, or any person who has been found guilty in the guilt phase of a trial for an offense for which registration is required by this section but who has been found not guilty by reason of insanity in the sanity phase of the trial shall register in accordance with the Act. 290.005. The following persons shall register in accordance with the Act: (a) Any person who, since July 1, 1944, has been, or is hereafter convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290, including offenses in which the person was a principal, as defined in Section 31. (b) Any person ordered by any other court, including any state, federal, or military court, to register as a sex offender for any offense, if the court found at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. (c) Except as provided in subdivision (d), any person who would be required to register while residing in the state of conviction for a sex offense committed in that state. (d) Notwithstanding subdivision (c), a person convicted in another state of an offense similar to one of the following offenses who is required to register in the state of conviction shall not be required to register in California unless the out -of -state offense contains all of the elements of a registerable California offense described in subdivision (c) of Section 290: (1) Indecent exposure, pursuant to Section 314. (2) Unlawful sexual intercourse, pursuant to Section 261.5. (3) Incest, pursuant to Section 285. (4) Sodomy, pursuant to Section 286, or oral copulation, pursuant to Section 288a, provided that the offender notifies the Department of Justice that the sodomy or oral copulation conviction was for conduct between consenting adults, as described in Section 290.019, and the department is able, upon the exercise of reasonable diligence, to verify that fact. (5) Pimping, pursuant to Section 266h, or pandering, pursuant to Section 266i. 290.006. Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 296, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration. 290.007. Any person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person's conviction has been dismissed pursuant to Section 1203.4, unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5. 290.008. (a) Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act. (b) Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act. (c) Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act: (1) Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220. (2) Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of Section 289, or Section 647.6. (3) A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289. (d) Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice. (e) All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who.is required to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or.other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code. 290.010. If the person who is registering has more than one residence address at which he or she regularly resides, he or she shall register in accordance with the Act in each of the jurisdictions in which he or she regularly resides, regardless of the number of days or nights spent there. If all of the addresses are within the same jurisdiction, the person shall provide the registering authority with all of the addresses where he or she regularly resides. 290.011. Every person who is required to register pursuant to the Act who is living as a transient shall be required to register for the rest of his or her life as follows: (a) He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to subdivision (b) of Section 290, except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30 -day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, pursuant to subdivision (b) of Section 290. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30 -day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30 -day period,.he or she may be prosecuted in any jurisdiction in which he or she is physically present. (b) A transient who moves to a residence shall have five working days within which to register at that address, in accordance with subdivision (b) of Section 290. A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with subdivision (a). (c) Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in subdivision (a). A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30 -day updates and the annual update, a transient shall provide current information as required on the Department of Justice annual update form, including the information described in paragraphs (1) to (3), inclusive of subdivision (a) of Section 290.015, and the information specified in subdivision (d). (d) A transient shall, upon registration and reregistration, provide current information as required on the Department of Justice registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30 -day period, he or she does not need to report the new place or places until the next required reregistration. (e) Failure to comply with the requirement of reregistering every 30 days following initial registration pursuant to subdivision (a) shall be punished in accordance with subdivision (g) of Section 290.018. Failure to comply with any other requirement of this section shall be punished in accordance with either subdivision (a) or (b) of Section 290.018. (f) A transient who moves out of state shall inform, in person, the chief of police in the city in which he or she is physically present, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, within five working days, of his or her move out of state. The transient shall inform that registering agency of his or her planned destination, residence or transient location out of state, and any plans he or she has to return to California, if known. The law enforcement agency shall, within three days after receipt of this information, forward a copy of the.change of location information to the Department of Justice. The department shall forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence or location. (g) For purposes of this section, "transient" means a person who has no residence. "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. (h) The transient registrant's duty to update his or her registration no less than every 30 days shall begin with his or her second transient update following the date this section became effective. 290.012. (a) Beginning on his or her first birthday following registration or change of address, the person shall be required to register annually, within five working days of his or her birthday, to update his or her registration with the entities described in subdivision (b) of Section 290. At the annual update, the person shall provide current information as required on the Department of Justice annual update form, including the information described in paragraphs (1) to (3), inclusive of subdivision (a) of Section 290.015. The registering agency shall give the registrant a copy of the registration requirements from the Department of Justice form. (b) In addition, every person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and,Institutions Code, shall, after his or her release from custody, verify his or her address no less than once every 90 days and place of employment, including the name and address of the employer, in a manner established by the Department of Justice. Every person who, as a sexually violent predator, is required to verify his or her registration every 90 days, shall be notified wherever he or she next registers of his or her increased registration obligations. This notice shall be provided in writing by the registering agency or agencies. Failure to receive this notice shall be a.defense to the penalties prescribed in subdivision (f) of Section 290.018. (c) In addition, every person subject to the Act, while living as a transient in California shall update his or her registration at least every 30 days, in accordance with Section 290.011. (d) No entity shall require a person to pay a fee to register or update his or her registration pursuant to this section. The registering agency shall submit registrations, including annual updates or changes of address, directly into the Department of Justice Violent Crime Information Network (VCIN). 290.013. (a) Any person who was last registered at a residence address pursuant to the Act who changes his or her residence address, whether within the jurisdiction in which he or she is currently registered or to a new jurisdiction inside or outside the state, shall, in person, within five working days of the move, inform the law enforcement agency or agencies with which he or she last registered of the move, the new address or transient location, if known, and any plans he or she has to return to California. (b) If the person does not know the new residence address or location at the time of the move, the registrant shall, in person, within five working days of the move, inform the last registering agency or agencies that he or she is moving. The person shall later notify the last registering agency or agencies, in writing, sent by certified or registered mail, of the new address or location within five working days of moving into the new residence address or location, whether temporary or permanent. (c) The law enforcement agency or agencies shall, within three working days after receipt of this information, forward a copy of the change of address information to the Department of Justice. The Department of Justice shall forward appropriate registration data to the law enforcement agency or agencies having local jurisdiction of . the new place of residence. (d) If the person's new address is in a Department of Corrections and Rehabilitation facility or state mental.institution, an official of the place of incarceration, placement, or commitment shall, within 90 days of receipt of the person, forward the registrant's change of address information to the Department of Justice. The agency need not provide a physical address for the registrant but shall indicate that he or she is serving a period of incarceration or commitment in a facility under the agency's jurisdiction. This subdivision shall apply to persons received in a department facility or state mental institution on or after January 1, 1999. The Department of Justice shall forward the change of address information to the agency with which the person last registered. 290.015. (a) A person who is subject to the Act shall register, or reregister if the person has previously registered, upon release from incarceration, placement,.commitment, or release on probation pursuant to subdivision (b) of Section 290. This section shall not apply to a person who is incarcerated for less than 30 days if he or she has registered as required by the Act, he or she returns after incarceration to the last registered address, and the annual update of registration that is required to occur within five working days of his or her birthday, pursuant to subdivision (a) of Section 290.012, did not fall within that incarceration period. The registration shall consist of all of the following: (I) A statement in writing signed by the person, giving information as shall be required by the Department of Justice and giving the name and address of the person's employer, and the address of the person's place of employment if that is different from the employer's main address. (2) The fingerprints and a current photograph of the person taken by the registering official. (3) The license plate number of any vehicle owned by, regularly driven by, or registered in the name of the person. (4) Notice to the person that, in addition to the requirements of the Act, he or she may have a duty to register in any other state where he or she may relocate. (5) Copies of adequate proof of residence, which shall be limited to a California driver's license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person's name and address, or any other information that the registering official believes is reliable. If the person has no residence and no reasonable expectation of obtaining a residence in the foreseeable future, the person shall so advise the registering official and shall sign a statement provided by the registering official stating that fact. Upon presentation of proof of residence to the registering official or a signed statement that the person has no residence, the person shall be allowed to register. If the person claims that he or she has a residence but does not have any proof of residence, he or she shall be allowed to register but shall furnish proof of residence within 30 days of the date he or she is allowed to register. (b) Within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the Department of Justice. 290.016. (a) On or after January 1, 1998, upon incarceration, placement, or commitment, or prior to release on probation, any person who is required to register under the Act shall preregister. The preregistering official shall be the admitting officer at the place of incarceration, placement, or commitment, or the probation officer if the person is to be released on probation. The preregistration shall consist of all of the following: (1) A preregistration statement in writing, signed by the person, giving information that shall be required by the Department of Justice. (2) The fingerprints and a current photograph of the person. (3) Any person who is preregistered pursuant to this subdivision is required to be preregistered only once. (b) Within three days thereafter, the preregistering official shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the Department of Justice. 290.017. (a) Any person who is released, discharged, or paroled from a jail, state or federal prison, school, road camp, or other institution where he or she was confined, who is required to register pursuant to the Act, shall, prior to discharge, parole, or release, be informed of his or her duty to register under the Act by the official in charge of the place of confinement or hospital, and the official shall require the person to read and sign any form that may be required by the Department of Justice, stating that the duty of the person to register under the Act has been explained to the person. The official in charge of the place of confinement or hospital shall obtain the address where the person expects to reside upon his or her discharge, parole, or release and shall report the address to the Department of Justice. The official shall at the same time forward a current photograph of the person to the Department of Justice. (b) The official in charge of the place of confinement or hospital shall give one copy of the form to the person and shall send one copy to the Department of Justice and one copy to the appropriate law enforcement agency or agencies having jurisdiction over the place the person expects to reside upon discharge, parole, or release. If the conviction that makes the person subject to the Act is a felony conviction, the official in charge shall, not later than 45 days prior to the scheduled release of the person; send one copy to the appropriate law enforcement agency or agencies having local jurisdiction where the person expects to reside upon discharge, parole, or release; one copy to the prosecuting agency that prosecuted the person; and one copy to the Department of Justice. The official in charge of the place of confinement or hospital shall retain one copy. (c) Any person who is required to register pursuant to the Act and who is released on probation, shall, prior to release or discharge, be informed of the duty to register under the Act by the probation department, and a probation officer shall require the person to read and sign any form that may be required by the Department of Justice, stating that the duty of the person to register has been explained to him or her. The probation officer shall obtain the address where the person expects to reside upon release or discharge and shall report within three days the address to the Department of Justice. The probation officer shall give one copy of the form to the person, send one copy to the Department of Justice, and forward one copy to the appropriate law enforcement agency or agencies having local jurisdiction where the person expects to reside upon his or her discharge, parole, or release. (d) Any person who is required to register pursuant to the Act and who is granted conditional release without supervised probation, or discharged upon payment of a fine, shall, prior to release or discharge, be informed of the duty to register under the Act in open court by the court in which the person has been convicted, and the court shall require the person to read and sign any form that may be required by the Department of Justice, stating that the duty of the person to register has been explained to him or her. If the court finds that it is in the interest of the efficiency of the court, the court may assign the bailiff to require the person to read and sign forms under the Act. The court shall obtain the address where the person expects to reside upon release or discharge and shall report within three days the address to the Department of Justice. The court shall give one copy of the form to the person, send one copy to the Department of Justice, and forward one copy to the appropriate law enforcement agency or agencies having local jurisdiction where the person expects to reside upon his or her discharge, parole, or release. 290.018. (a) Any person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the Act is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. (b) Except as provided in subdivisions (f), (h), and (j), any person who is required to register under the Act based on a felony conviction or juvenile adjudication who willfully violates any requirement of the Act or who has a prior conviction or juvenile adjudication for the offense of failing to register under the Act and who subsequently and willfully violates any requirement of the Act is guilty of a felony and shall be punished by imprisonment in the state prison for 16 months, or two or three years. (c) If probation is granted or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the person serve at least 90 days in a county jail. The penalty described in subdivision (b) or this subdivision shall apply whether or not the person has been released on parole or has been discharged from parole. (d) Any person determined to be a mentally disordered sex offender or who has been found guilty in the guilt phase of trial for an offense for which registration is required under the Act, but who has been found not guilty by reason of insanity in the sanity phase of the trial, or who has had a petition sustained in a juvenile adjudication for an offense for which registration is required pursuant to Section 290.008, but who has been found not guilty by reason of insanity, who willfully violates any requirement of the Act is guilty of a misdemeanor and shall be punished by imprisonment in a county jail not exceeding one year. For any second or subsequent willful violation of any requirement of the Act, the person is guilty of a felony and shall be punished by imprisonment in the state prison for 16 months, or two or three years. (e) If, after discharge from parole, the person is convicted of a felony or suffers a juvenile adjudication as specified in this act, he or she shall be required to complete parole of at least one year, in addition to any other punishment imposed under this section. A person convicted of a felony as specified in this section may be granted probation only in the unusual case where the interests of justice would best be served. When probation is granted under this act, the court shall specify on the record and shall enter into the minutes the circumstances indicating that the interests of justice would best be served by the disposition. (f) Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code, and who fails to verify his or her registration every 90 days as required pursuant to subdivision (b) of Section 290.012, shall be punished by imprisonment in the state prison, or in a county jail not exceeding one year. (g) Except as otherwise provided in subdivision (f), any person who is required to register or reregister pursuant to Section 290.011 and willfully fails to comply with the requirement that he or she reregister no less than every 30 days is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for at least 30 days, but not exceeding six months. A person who willfully fails to comply with the requirement that he or she reregister no less than every 30 days shall not be charged with this violation more often than once for a failure to register in any period of 90 days. Any person who willfully commits a third or subsequent violation of the requirements of Section 290.011 that he or she reregister no less than every 30 days shall be punished in accordance with either subdivision (a) or (b). (h) Any person who fails to provide proof of residence as required by paragraph (5) of subdivision (a) of Section 290.015, regardless of the offense upon which the duty to register is based, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months. (i) Any person who is required to register under the Act who willfully violates any requirement of the Act is guilty of a continuing offense as to each requirement he or she violated. (j) In addition to any other penalty imposed under this section, the failure to provide information required on registration and reregistration forms of the Department of Justice, or the provision of false information, is a crime punishable by imprisonment in a county jail for a period not exceeding.one year. (k) Whenever any person is released on parole or probation and is required to register under the Act but fails to do so within the time prescribed, the parole authority or the court, as the case may be, shall order the parole or probation of the person revoked. For purposes of this subdivision, "parole authority" has the same meaning as described in Section 3000. 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, 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 service specified in subdivision (a), in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse of the service 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 1 of the Civil Code. (e) The Department of Justice and its employees shall be immune from liability for good faith conduct under this section. (f) The public notification provisions of this section are applicable to every person described in subdivision (a), without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every offense subject to public notification pursuant to Section 290.46, regardless of when it was committed. (g) On or before July 1, 2006, and every year thereafter, the Department of Justice .shall make a report to the Legislature concerning the operation of this section. 290.45. (a) (1) Notwithstanding any other provision of law, and except as provided in paragraph (2), any designated law enforcement entity may provide information to the public about a person required to register as a sex offender pursuant to Section 290, by whatever . means the entity deems appropriate, when necessary to ensure the publ.ic safety based upon information available to the entity concerning that specific person. (2) The law enforcement entity shall include, with the disclosure, a statement that the purpose of the release of information is to allow members of the public to protect themselves and their children from sex offenders. (3) Community notification by way of an Internet Web site shall be governed by Section 290.46, and a designated law enforcement entity may not post on an Internet Web site any information identifying an individual as a person required to register as a sex offender except as provided in that section unless there is a warrant outstanding for that person's arrest. (b) Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offender's name, known aliases, gender', race, physical description, photograph, date of birth, address, which shall be verified prior to publication, description and license plate number of the offender's vehicles or vehicles the offender is known to drive, type of victim targeted by the offender, relevant parole or probation conditions, crimes resulting in classification under this section, and date of release from confinement, but excluding information that would identify the victim. (c) (1) The designated law enforcement entity may authorize persons and entities who receive the information pursuant to this section to disclose information to additional persons only if the entity determines that disclosure to the additional persons will enhance the public safety and identifies the appropriate scope of further disclosure. A law enforcement entity may not authorize any disclosure of this information by its placement on an Internet Web site. (2) A person who receives information from a law enforcement entity pursuant to paragraph (1) may disclose that information only in the manner and.to the extent authorized by the law enforcement entity. (d) (1) A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section. (2) Any public or private educational institution, day care faci.lity,. or any child care custodian . described in Section 11165.7, or any employee of a public or private educational institution or day care facility which in good faith disseminates information as authorized pursuant to subdivision (c) shall be immune from civil liability. (e) (1) 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 in the state prison. (2) Any person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (f) For purposes of this section, "designated law enforcement entity" means the Department of Justice, every district attorney, the Department of Corrections, the Department of the Youth Authority, and every state or local agency expressly authorized by statute to investigate or prosecute law violators. (g) The public notification provisions of this section are applicable to every person required to register pursuant to Section 290, without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every offense described in Section 290, regardless of when it was committed. 290.46. (a) (1) 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 Web site as specified in this section. The department shall update the Internet Web site 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 Web site. 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 Web site. The Internet Web site shall be translated into languages other than English as determined by the department. (2) (A) On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivisions (b), (c), or (d), the following information: (i) The year of conviction of his or her most recent offense requiring registration pursuant to Section 290. (ii) The year he or she was released from incarceration for that offense. (iii) Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site. 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 he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her 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 he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact. (iii) Any state facility that, prior to January 1, 2007, released . from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her 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. (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 he or she 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 Mental Health shall provide to the Department of Justice Sex Offender Tracking Program 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 of release. (b) (1) On or before July 1, 2005, 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 described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, 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). (2) This subdivision shall apply to the following offenses and offenders: (A) Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289. (B) Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289. (C) Paragraph (2) or (6) of subdivision (a) of Section 261. (D) Section 264.1. (E) Section 269. (F) Subdivision (c) or (d) of Section 286. (G) Subdivision (a), (b), or (c) of Section 288, provided that the Offense is a felony. (H) Subdivision (c) or (d) of Section 288a. (I) Section 288.3, provided that the offense is a felony. (J) Section 288.4., provided that the offense is a felony.' (K) Section 288.5. (L) Subdivision (a) or (j) of Section 289. (M) Section 288.7. (N) Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code. (c) (1) On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence 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) . On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of.Section 290, subject to this subdivision. (2) This subdivision shall apply to the following offenses: (A) Section 220, except assault to commit mayhem. (B) Paragraph (1). (3). or (4) of subdivision (a) of Section 261. (C) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286. (D) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288x. (E) Subdivision (b), (d), (e), or (i) of Section 269. (d) (I) On or before July 1, 2005, 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 described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or.her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence 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. (2) This subdivision shall apply to the following offenses and offenders: (A) Subdivision (a) of Section 243.4, provided that the offense is a felony. (B) Section 266, provided that the offense is a felony. (C) Section 266c, provided that the offense is a felony. (D) Section 266j. (E) Section 267. (F) Subdivision (c) of Section 288, provided that the offense is e misdemeanor.. (G) Section 288.3, provided that the offense is a misdemeanor. (H) Section 288.4, provided that the offense is a misdemeanor. (I) Section 626.81. (J) Section 647.6. (K) Section 653c. (L) Any person required to register pursuant to Section 290 based upon an out -of -state conviction, unless that person is excluded from the Internet Web site pursuant to subdivision (e). However, if the Department of Justice has determined that the out -of -state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime. (e) (1) If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law. (2) This subdivision shall apply to the following offenses: (A) A felony violation of subdivision (a) of Section 243.4. (B) Section 647.6, if the offense is a misdemeanor. (C) (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, 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 his or her 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. (iii) If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated. (iv) For the purposes of this subparagraph, "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. (3) 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 Web site as provided in this section. (4) 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 he or she has a SARATSO risk level of low or moderate -low. (f) The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that some offenders are eligible to apply for exclusion from the Internet Web site. (g) (1) 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 Web site as specified in paragraph (2) . (2) The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entity's Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender. (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 address may not be disclosed unless he or she is a person whose address is on the Department of Justice's Internet Web site pursuant to subdivision (b) or {C). (h) 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. (i) Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations. (j) (1) Any person who uses information disclosed pursuant to this 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 in the state prison. (k) Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this 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. (1) (1) A person is authorized to use information disclosed pursuant to this section only to protect a person at risk. (2) Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited: (A) Health insurance. (B) Insurance. (C) Loans. (D) Credit. (E) Employment. (F) Education, scholarships, or fellowships. (G) Housing or accommodations. (H) Benefits, privileges, or services provided by any business establishment. (3) This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3. 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 (1) 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, 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 Web site 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 1 of the Civil Code. (m) The public notification provisions of this section are applicable to every person described in this section, without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every offense described in this section, regardless of when it was committed. (n) On or before July 1, 2006, and every year thereafter, the Department of Justice shall make a report to the Legislature concerning the operation of this section. (o) A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section. (p) 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 Web site,.and any other resource that promotes public education about these offenders. 290.95. (a) Every person required to register under Section 290, who applies or accepts a position as 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 have supervision or disciplinary power over minor children, shall disclose his or her status as a registrant, upon application or acceptance of a position, to that person, group, or organization. (b) Every person required to register under Section 290 who applies for or accepts a position as an employee or volunteer with any person, group, or organization where the applicant would be working - directly and in an accompanied setting with minor children, and the applicant's work would require him or her to touch the minor children on more than an incidental basis, shall disclose his or her status as a registrant, upon application or acceptance of the position, to that person, group, or organization. (c) No person who is required to register under Section 290 because of a conviction for a crime where the victim was a minor under 16 years of age shall be an employer, employee, or independent contractor, or act as a volunteer with any person, group, or organization in a capacity in which 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 subdivision shall not apply to a business owner or an independent contractor who does not work directly in an unaccompanied setting with minors. (d) A violation of this section is a misdemeanor punishable by imprisonment in a county jail for not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, and a violation of this section shall not constitute a continuing offense. JESSICA'S LAW 3003.5(b) Notwithstanding any other provision of law, it is unlawful for any person for whom registration is required pursuant to Section 290 to reside within 2000 feet of any public or private school, or park where children regularly gather. RESIDENCY RESTRICTIONS /SINGLE FAMILY DWELLINGS 3003.5.(a) Notwithstanding any other provision of law, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, that person may not, during the period of parole, reside in any single family dwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section, "single family dwelling" shall not include a residential facility which serves six or fewer persons. RESIDENCY RESTRICTIONS FOR ACTIVE PAROLEES 3003. (g) Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one -half mile of any public or private school including any or all of kindergarten and grades 1 to 12, inclusive. MUNICIPAL JURISDICTION AUTHORITY TO ENACT ORDINANCES 3003.5.(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290. TRESPASSING /SEX OFFENDERS /SCHOOLS 626.81. (a) Any person who is required to register as a sex offender pursuant to Section 290, who comes into any school building or upon any school ground without lawful business thereon and written permission from the chief administrative official of that school, is guilty of a misdemeanor. (b) Punishment for violation of this section shall be as follows: (1) Upon a first conviction by a fine of not exceeding five hundred dollars ($500), by imprisonment in a county jail for a period of not more than six months, or by both the fine and imprisonment. (2) If the defendant has been previously convicted once of a violation of this section, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine of not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 10 days. (3) If the defendant has been previously convicted two or more times of a violation of this section, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine of not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 90 days. (c) Nothing in this section shall preclude or prohibit prosecution under any other provision of law.