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 Requirement290. (a) (1) (A) Every person described in paragraph (2), for the rest of his or her life while residing in California, or while attending school or working in California, as described in subparagraph (G), 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.
Simply stated, qualifying 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.
Additionally, the qualifying offender is required to update their sex offender registration with law enforcement annually, within 5 working days of their birth date as well as within 5 working days of each time they move. Transients much register more frequently. Copies of updated registration must be provided to the parole agent within 5 working days of receipt.
Penal Code Section 290 has many subsections that affect registration and should be reviewed in its entirety for complete information.
Health and Safety Code (H&S) Section 11590 – Drug Offender Registration11590. (a) Except as provided in subdivisions (c) and (d), any person who is convicted in the State of California of any qualifying offense, noted in this Section, or any person who is discharged or paroled from a penal institution where he or she was confined because of the commission of any such offense, or any person who is convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses, shall within 30 days of his or her coming into any county or city, or city and county in which he or she resides or is temporarily domiciled for that length of time, register with the chief of police of the city in which he or she resides or the sheriff of the county if he or she resides in an unincorporated area.
Pursuant to H&S Section 11594, if any person required to register hereunder changes his residence address he shall inform, in writing within 10 days, the law enforcement agency with whom he last registered of his new address. The law enforcement agency shall, within three days after receipt of such information, forward it to the Department of Justice. The Department of Justice shall forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence. All registration requirements set forth in this article shall terminate five years after the discharge from prison, release from jail or termination of probation or parole of the person convicted.
Simply stated, qualifying offenders required to register as a drug offender must, within 30 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. Additionally, the offender must update their registration within 10 days of changing their address.
Health & Safety Code Section 11590 has many subsections that affect registration and should be reviewed in its entirety for complete information.