Fresno Sex Offender Registration Attorney

PC 290.018 Violation of Act; Punishment

(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 he Act based n 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 he 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, i 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 subdivisions (b) or this subdivisions 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 disorder 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, by 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 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 subdivisions (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 subdivisions (f), any person who is required to register or re register pursuant to Section 290.011 and willfully  fails to comply with the requirement that he or she re register 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 re register 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 re-register no less than every 30 days shall be punished in accordance with either subdivision (a) or (b).

(h) Any person who fails to proved proof of residence as required by paragraph (5) of subdivisions (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 requirement of registration and re-registration forms of the department of Justice, or the provision of false information, is a crime punishable by imprisonment in the 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 subdivisions, "parole authority" has the same meaning a described in Section 3000.

Further information such as a sample of the requirements of PC 290 sex offender registration form along with the requirements is displayed below as forms and requirements change, this is not for legal advice purposes:

REGISTRATION REQUIREMENTS - REGISTRANT IS REQUIRED TO READ

AND INITIAL ALL REQUIREMENTS

1. My responsibility to register as a sex offender in California is a lifetime requirement, unless imposed solely as a probation condition.  (PC § 290)

2. I must register in person, if I have never registered, within five (5) working days of: 1) coming into California, or 2) release from  incarceration, placement, commitment, or release on probation, with the law enforcement agency having jurisdiction over my place(s)  of residence or where I am physically present as a transient. (PC § 290)

3. I must re-register in person, if I have previously registered, within five (5) working days, after release from incarceration, placement,  or commitment that lasted 30 or more days, or within five (5) working days after release on probation. I do not have to re-register  after release if I was incarcerated for less than 30 days, and I return to the last registered address, and the update of registration that  is required to occur within five (5) working days before or after my birthday did not fall within that incarceration period. (PC §  290.015)

4. I must annually update my registration information in person, within five (5) working days before or after my birthday, at the law  enforcement agency having jurisdiction over my residence address or where I am currently present as a transient. Annual updates  begin with my first birthday following registration or change of address. (PC § 290.012)

5. Upon coming into, or when changing my residence address within a city and/or county in which I am residing, I must register or re-  register in person, within five (5) working days, with the law enforcement agency having jurisdiction over my residence. (PC § 290,  290.013) DEFINITION: "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.

6. If I change my registered address to a new address, either within the same jurisdiction or anywhere inside or outside of the state, I  must inform the last registering agency or agencies in person within five (5) working days before or after I leave. If I do not know my  new residence address or transient location I must later notify, by registered or certified mail, the last registering agency or agencies  of the new address or transient location with five (5) working days of moving to the new address or location. (PC § 290.013)

7. If I am registered at a residence address and become transient or if I am registered as a transient and move to a residence, I have  five (5) working days within which to register in person, with the law enforcement agency having jurisdiction over the new address or  to register as a transient. (PC § 290.011)

8. If I have no residence address, I must register in person in the jurisdiction where I am physically present as a transient within five (5)  working days of becoming transient. Thereafter, I must update my registration information in person no less than once every 30  days with the law enforcement agency having jurisdiction over the place where I am physically present as a transient on the day I re-  register. I do not need to report changes of transient location within the 30-day period unless I move out of state. I must also comply  with the annual requirement to update my registration. (PC § 290.011)

9. If I am registered as a transient and I am moving out of state, I must inform the law enforcement agency having jurisdiction over the  place where I was physically present as a transient, in person, within five (5) working days before or after I leave. I must also inform  the law enforcement agency of my planned destination, residence, or transient location out of state, if known, and any plans to return  to California. (PC § 290.013)

10. If I move outside of California, I am required by federal law to register in the new state within three (3) working days.  I have been notified of my duty to register as a sex offender pursuant to Penal Code sections 290-290.023 and 290.01. I have read, understood, and initialed each registration requirement specified on pages 3 and 4 of this form. I understand it is my duty to know the registration requirements, including changes to the law that may be made after I sign this form. I certify the information provided is true and accurate. I understand failure to comply with the registration requirements, providing false information on the form, or failing to provide accurate information is punishable as a criminal offense.

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE CJIS 8102S (Orig. 05/2003; Rev. 01/2012)SEX REGISTRATION / CHANGE OF ADDRESS / ANNUAL OR OTHER UPDATE (Sex Offender Registration Act - 290-290.023 P.C.)

SIGNATURE OF REGISTRANT DATE OF REGISTRATION/UPDATE Rolled Right Thumbprint - If amputated, use next available finger DISTRIBUTION: Original to Registering Agency; Copy to Person Registering

NAME OF REGISTRANT Last First Middle CII NUMBER (SID)

DATE OF REGISTRATION/UPDATE REGISTRATION REQUIREMENTS -

REGISTRANT IS REQUIRED TO READ AND INITIAL ALL REQUIREMENTS

11. If I have ever been committed as a sexually violent predator, I must update my registration information in person, no less than once  every 90 days with the law enforcement agency having jurisdiction over my residence or transient location. I must also comply with  the annual requirement to update my registration in person. (PC § 290.001, 290.012)

12. If I have more than one residence address at which I regularly reside (regardless of the number of days or nights I spend at each  address), I must register in person, within five (5) working days at each address with the law enforcement agency having jurisdiction  over each residence. If I no longer reside at a registered address, I must inform in person, the registering agency having jurisdiction  over that address within five (5) working days before or after I leave. (PC § 290.010)

13. If I reside or am a transient on a University of California, California State University, or community college campus, I must register in  person, within five (5) working days with the local law enforcement agency having jurisdiction over the campus and additionally with  the campus police. (PC § 290, 290.011)

14. If I am enrolled or employed (with or without compensation) at an institution of higher learning, I must register in person, within five  (5) working days of commencement of the term of enrollment or employment, with the campus police department or, if no campus  police department exists, with the law enforcement agency having jurisdiction over that campus. I must also register in person with  the law enforcement agency having jurisdiction over my place of residence or transient location. When I cease being enrolled or  employed at that institution, I must notify in person the registering agency for the campus within five (5) working days. (PC §  290.009, 290.01)

15. If I live outside of California and I am required to register in that state and I attend school or am employed in California, I must  register in person with the law enforcement agency having jurisdiction over my school or employment location within five (5) working  days of beginning attendance or becoming employed, in addition to registering in my state of residence. (PC § 290.002)

16. I must provide proof of residence to the registering agency within 30 days of registration or re-registration at a new residence  address. (PC § 290.015)

17. If I am on parole or probation, I must provide proof of registration to my parole agent or probation officer within six (6) working days  of release on parole or probation and proof of any change or update to my registration within five (5) working days. (PC § 290.85)

18. If I change my name I must notify in person, within five (5) working days, the law enforcement agency or agencies having jurisdiction  over my place of residence or place where I am required to register as a transient. (PC § 290.014)

19. I understand I am required to submit DNA samples, as well as fingerprints and full palm prints. (PC § 296, 296.2)

20. I may apply for exclusion from the Megan's Law Internet site if I meet the exclusion criteria. (PC § 290.46(e).) Exclusion  Applications are available on the Megan's Law Internet site at:

Fresno County also provides the following information non their website:

When do I need to register?

Per CA Penal Code §290 , those mandated and required to register as a sex offender shall do so:

• Annually, on your birthday

• Being released from Jail / Prison (certain restrictions if returning to the same residence),

• Living at multiple addresses• Whenever changing your address / residences• Following a name change

• Whenever leaving the city of Fresno to residence in another jurisdiction

• If you are homeless, you must re-register every 30 days* You shall register within 5 business days from any of the above circumstances*

If you reside within the city of Fresno, report for registration:

110 “M” Street, Fresno, 93721  Office – (559) 265-4923

Registration hours:  Tuesdays, Wednesdays, and Thursdays  :  09:00am – 12:00pm

Following registration, when am I required to re-register?  Refer to question #1.

What if I'm currently not registered or in violation?

The Fresno Police Department aims at having 100% compliance when it comes to sex offender registrations.  If you are out of compliance, correct the problem as soon as possible by following the registration laws and register immediately.  If you reside in another jurisdiction, contact the responsible law enforcement agency to complete registration.

Where can I live?

Unless you are on a supervised release program (e.g. parole or probation), there are currently no restrictions.  However, your supervised release program may mandate additional restrictions and you are directed to contact your assigned supervising agent.Back to topHow do I go about being removed from the PC 290 registration obligation and/or being removed from the Megan's Law website?

Today, only a few sex offenders can obtain relief from lifetime registration.  Penal Code § 290.5, effective July 8, 1996, provides that even if registrants obtain a section 1203.4 dismissal and/or a certificate of rehabilitation, sex offenders must continue to register for life unless:

a. They obtain a certificate of rehabilitation pursuant to Penal Code section 4852.01,et seq.

AND

1. Their offense is not listed in Penal Code § 290.5, subdivision (a), Or

2. They were convicted of misdemeanor child molest pursuant to Penal Code § 647.6 (former PC 647a), Or

3. The registrant's underlying sex offense was either Penal Code § 288 or 288.5 (continuous sexual abuse of a child), he or she was granted probation pursuant to Penal Code § 203.066(c), and he or she has registered for a continuous period of at least ten years prior to the filing of a petition for certificate of rehabilitation (Penal Code § 4852.01 et seq.): section 290.5, subd. (c), says he or she may be relieved by a court of the duty to register.

Note that since Penal Code sections 288's and 288.5's have been barred since 1998 from obtaining a certificate of rehabilitation, this will only apply when the certificate was obtained prior to that date.

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