California Penal Code - California

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of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.

      (2) A person required to register under Section 290, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall not be relieved of the duty to register under Section 290, or of the duty to register under Section 290 for any offense subject to that section of which he or she is convicted in the future, if his or her conviction is for one of the following offenses:

      (A) Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.

      (B) Section 220, except assault to commit mayhem.

      (C) Section 243.4, provided that the offense is a felony.

      (D) Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261.

      (E) Section 264.1.

      (F) Section 266, provided that the offense is a felony.

      (G) Section 266c, provided that the offense is a felony.

      (H) Section 266j.

      (I) Section 267.

      (J) Section 269.

      (K) Paragraph (1) of subdivision (b) of Section 286, provided that the offense is a felony.

      (L) Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 286.

      (M) Section 288.

      (N) Paragraph (1) of subdivision (b) of Section 288a, provided that the offense is a felony.

      (O) Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 288a.

      (P) Section 288.5.

      (Q) Section 288.7.

      (R) Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289, provided that the offense is a felony.

      (S) Subdivision (i) or (j) of Section 289.

      (T) Section 647.6.

      (U) The attempted commission of any of the offenses specified in this paragraph.

      (V) The statutory predecessor of any of the offenses specified in this paragraph.

      (W) Any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this paragraph.

      (b) (1) Except as provided in paragraphs (2) and (3), a person described in paragraph (2) of subdivision (a) shall not be relieved of the duty to register until that person has obtained a full pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3.

      (2) This subdivision does not apply to misdemeanor violations of Section 647.6.

      (3) The court, upon granting a petition for a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, if the petition was granted prior to January 1, 1998, may relieve a person of the duty to register under Section 290 for a violation of Section 288 or 288.5, provided that the person was granted probation pursuant to subdivision (d) of Section 1203.066, has complied with the provisions of Section 290 for a continuous period of at least 10 years immediately preceding the filing of the petition, and has not been convicted of a felony during that period.

      (Amended by Stats. 2014, Ch. 280, Sec. 1. Effective January 1, 2015.)

      290.6.

      (a) Fifteen days before the scheduled release date of a person described in subdivision (b), the Department of Corrections and Rehabilitation shall provide to local law enforcement all of the following information regarding the person:

      (1) Name.

      (2) Community residence and address, including ZIP Code.

      (3) Physical description.

      (4) Conviction information.

      (b) This subdivision shall apply to any person sentenced to the state prison who is required to register pursuant to Section 290 for a conviction of an offense specified in subdivision (b), (c), or (d) of Section 290.46 and to any person described in those subdivisions.

      (c) For the purpose of this section, “law enforcement” includes any agency with which the person will be required to register upon his or her release pursuant to Section 290 based upon the person’s community of residence upon release.

      (d) If it is not possible for the Department of Corrections and Rehabilitation to provide the information specified in subdivision (a) on a date that is 15 days before the scheduled release date, the information shall be provided on the next business day following that date.

      (e) The Department of Corrections and Rehabilitation shall notify local law enforcement within 36 hours of learning of the change if the scheduled release date or any of the required information changes prior to the scheduled release date.

      (Amended by Stats. 2006, Ch. 538, Sec. 501. Effective January 1, 2007.)

      290.7.

      The Department of Corrections shall provide samples of blood and saliva taken from a prison inmate pursuant to the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1 of the Penal Code) to the county in which the inmate is to be released if the county maintains a local DNA testing laboratory.

      (Amended by Stats. 1999, Ch. 475, Sec. 2. Effective January 1, 2000.)

      290.8.

      Effective January 1, 1999, any local law enforcement agency that does not register sex offenders during regular daytime business hours on a daily basis, excluding weekends and holidays, shall notify the regional parole office for the Department of Corrections and the regional parole office for the Department of the Youth Authority of the days, times, and locations the agency is available for registration of sex offenders pursuant to Section 290.

      (Added by Stats. 1998, Ch. 960, Sec. 4. Effective January 1, 1999.)

      290.85.

      (a) Every person released on probation or parole who is required to register as a sex offender, pursuant to Section 290, shall provide proof of registration to his or her probation officer or parole agent within six working days of release on probation or parole. The six-day period for providing proof of registration may be extended only upon determination by the probation officer or parole agent that unusual circumstances exist relating to the availability of local law enforcement registration capabilities that preclude the person’s ability to meet the deadline.

      (b) Every person released on probation or parole who is required to register as a sex offender pursuant to Section 290 shall provide proof of any change or update to his or her registration information to his or her probation officer or parole agent within five working days for so long as he or she is required to be under the supervision of a probation officer or parole agent.

      (c) A probation officer or parole agent who supervises an individual who is required to register as a sex offender pursuant to Section 290 shall inform that individual of his or her duties under this section not fewer than six days prior to the date on which proof of registration or proof of any change or update to registration information is to be provided to the probation officer or parole agent.

      (d) For purposes of this section, “proof of registration” means a photocopy of the actual registration form. A law enforcement agency that registers an individual as a sex offender pursuant to Section 290 who is released on probation or parole and is therefore subject to this section shall provide that individual with proof of his or her registration free of charge when requested by the registrant to fulfill the requirements of this section or any other provision of law.

      (Amended by Stats. 2003, Ch. 245, Sec. 1. Effective January 1, 2004.)

      290.9.

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