Statutory Parole Requirements
All parolee’s are subject to additional statutory requirements as a condition to their release from state prison. These requirements include, but are not limited to; defined placement as to where they may legally reside, inclusive of what county they must reside in while on parole; an implied consent to be searched with or without a warrant and with or without cause; and, if applicable, requirements to register with local authorities. Some of these requirements are noted below.
Penal Code Section 3003 (a) – Residential Placement
(a) Except as otherwise provided in this section, an inmate who is released on parole shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, “last legal residence” shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
Penal Code Section 3003 has many subsections that may also apply to residence restrictions for certain offenders, and should be reviewed in its entirety to ascertain applicability to each case.
Penal Code Section 3067 – Subject to Search
(a) Any inmate who is eligible for release on parole pursuant to this chapter shall agree in writing to be subject to search or seizure by a parole officer or other peace officer at any time of the day or night, with or without a search warrant and with or without cause.
Penal Code Section 3067 has many subsections that affect the authority to search and should be reviewed in its entirety for complete information.
Penal Code Section 290 – Sex Offender Registration
Sex Offender Registration Act/Tiered Registration
Every person convicted of a registerable sex offense while residing in California or attending school or working, shall register with the chief of police in which the person is residing, or the sheriff of the county if the person is residing in an unincorporated area. This duty to register shall remain unless it is terminated pursuant to Section 290.5 or otherwise provided by law.
Effective January 1, 2021, Senate Bill 384 transitioned California’s lifetime sex offender registration schema to a tier based schema. SB 384 established three tiers of registration for adult registrants for periods of 10 years, 20 years, and life. The registration period begins following release from incarceration, placement, commitment, or release on probation or other supervision.
Offenders required to register as a sex offender must, within 5 working days of their release, register with the law enforcement agency that has jurisdiction over their residence. A copy of the registration must be provided to their parole agent within 6 working days of release.
Penal Code Section 290 has many subsections that affect registration and should be reviewed in its entirety for complete information.