What are your duties under California Penal Code 290? The Sex Offender Registration Act requires you to registration annually if you are convicted of certain sex crimes. Formerly a conviction for any sex crime required lifetime registration.
But the passage of Senate Bill No. 384, which commences January 2021, will establish a three- tier system of registration based on specific criteria for periods of at least ten years, twenty years, and life, respectively for a conviction of specified sex offenses.
The bill approved by the Governor on October 6, 2017 allows the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained.
The bill would, commencing July 1, 2021, establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completers his/her mandated minimum registration period. It would require the offender to file a petition at the expiration of the minimum expiration registration period.
The district attorney could request a hearing on the petition if the petitioner has not fulfilled the requirements of successful tier completion. There will also be established procedures for a person required to register as a tier three offender based solely on his/her risk level to petition the court for termination from the registry after twenty years from release of custody, if certain criteria are met.
Commencing January 1, 2022, the criteria for exclusion from the Internet Web Site will also be implemented. Strict compliance with 290 registration requirements should be followed. In order to fulfill your initial reporting requirements, you must personally register your primary address with your local law enforcement agency within five working days of your sentence (if no jail/prison time is impose), release from custody, or discharge from a hospital or mental institution, depending on your earliest release into the community.
Once you are required to register as a California sex offender, the court notifies the California Department of Justice who then monitors your reporting compliance. In general, the minimum requirement is that offenders annually update their information within five working days of their birthdays. Other reporting requirements depend on other factors but a common question is residence.
Anytime you move, you are required personally to report your new information to your local law enforcement agency within five days of the move. If you live in more than one place, you must report each addresses. If your homes are located in different cities, you must report the information. If you move outside of California, your new home state may additionally require you to register in accordance with the laws of that state.
If you do not live in California but work or go to school in this state, even if you register in your home state, you must still register with the law enforcement agency in the area in which you work or attend school.
I had a client who had two homes and did not realize that he had to register in both counties. It is critical that you are aware and fully comply with the 290 registration requirements. Yes, I was able to get him out of trouble, but prior to calling my office; he was arrested, booked, and paid bail.
Call my office at 310-601-7144 or visit my website at attycastaneda.com.
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