A Guide to California’s Sex Offender Residency Restrictions

California imposes certain conditions that restrict where and how sex offenders can live. Courts may impose parole conditions that say offenders cannot live near schools and parks. Laws also allow residents to go online to see if an offender lives in their neighborhood.

As a general rule, registered sex offenders are free to move from state to state. But those moving to California must register with the state’s sex offender registry. Failure to register is a crime per Penal Code 290 PC.

This statute requires registration with the local authorities for crimes such as:

• rape, per Penal Code 261 PC,
• indecent exposure, per Penal Code 314 PC, and
• sexual battery, per Penal Code 243.4 PC.

Offenders must register within five days from the date of their move. He or she also has to renew this registration:

• every year, within five working days of the person’s birthday, and
• every time the person moves to a new address.

A sex offender moving from California to another state must comply with that state’s registration requirements.

Jessica’s law is a State statute, passed in 2006, that imposed several difficulties for sex offenders. The statute:

• provided lifelong GPS monitoring of high-risk sex offenders,
• increased the penalties for sex offenders,
• broadened the definition of certain sexual offenses, and
• eliminated good time credits for early release of certain offenders.

Our California criminal defense attorneys will explain the following in this article:

• 1. Can a convicted sex offender live near parks and schools?
• 2. Must a sex offender notify neighbors?
• 3. Can sex offenders live with their families?
• 4. Can a sex offender from another state move into California?
• 5. Can a sex offender in California move to another state?
• 6. Does Jessica’s law apply in California?

1. Can a convicted sex offender live near parks and schools?

California law says that convicted sex offenders can live near parks and schools. However, courts may:

1. impose sex offender residency restrictions as conditions of probation or parole, and
2. do so on a case-by-case basis.

These residency requirements can prohibit offenders from living near parks and schools.

In 2006, California voters passed Proposition 83 – more commonly known as Jessica’s Law – which created “predator-free zones.”¹ Jessica’s Law prohibited registered sex offenders in California from living within 2,000 feet of any public or private school or any park where children regularly gathered. For certain high-risk offenders, the required distance is increased to 2,640 feet.²

The California Supreme Court, though, found the law to be unconstitutional.³ The court ruling said that the law created a problem when applied evenly to all offenders. The problem was that it created a group of homeless offenders with limited access to:

• medical treatment,
• drug and alcohol dependency services,
• counseling, and
• other services.⁴

As a result, State law no longer provides a uniform prohibition. Courts can still make restrictions in terms of:

1. offenders living near schools, and
2. offenders living near parks.

But they have to do so on a case-by-case basis.⁵

Example: Marcos was convicted of raping his neighbor. He served time in state prison and was eventually paroled. The court, as a condition of his parole, ruled that Marcos – a sex offender parolee – could not live within 2,000 feet of a school. The court said this condition was justified after reviewing Marcos’ case independently from all others.

Here, this is a legal parole condition and not a violation of constitutional rights. The court decision did not authorize a blanket parole condition that applies to all offenders. It only allowed the condition after looking at Marcos’ case as it stood alone. This is consistent with the law and looking at matters on a case-by-case basis.

2. Must a sex offender notify neighbors?

A sex offender is not obligated to notify neighbors about his/her sex offender status. However, the law allows people to determine if certain offenders live in their neighborhoods.

Megan’s Law was enacted in 1996.⁶ The law mandates the California DOJ to notify the public about certain registered sex offenders.⁷ The DOJ does this via the “Megan’s Law website.”

Users of this site can enter their address and the site will inform on:

• whether a sex offender lives in their neighborhood, and
• the identity of the offender.

The California Sex and Arson Registry is the source of sex offender information displayed on this website. This database contains registration information provided by the offender to local law enforcement agencies.

3. Can sex offenders live with their families?

Sex offenders can live with their families. The law also states that two offenders can live together if related by:

• blood,
• marriage, or
• adoption.⁸

The two offenders cannot live together if not joined by these bonds.⁹

Example: Tim and Paul are both convicted sex offenders. They also both have to register as such per Penal Code 290. If the two are related by blood, marriage, or adoption, then they can live together in the same home. But if not related in any of these ways, then the law prohibits registrants from living together.

4. Can a sex offender from another state move into California?

Sex offenders living outside of California are free to move to the State. But they must register as sex offenders if required to do so by PC 290.

Further, they must register with the chief of police of the city in which they reside.¹⁰ This registration must take place within 5 days of the move.¹¹

Note that once a sex offender registers with local authorities, he/she has to renew it:

• every year, within five working days of the person’s birthday, and
• every time the person moves to a new address.¹²

5. Can a sex offender in California move to another state?

A sex offender in the State is free to move to any other state. Offenders on active probation or parole may need clearance from their probation or parole officers.

Once the move is complete, the offender must comply with the registration laws of the home state.

Note that every state in the U.S. has a sex offender registration law. But each state’s law may differ a bit.

6. Does Jessica’s law apply in California?

Yes. Passed by California voters in 2006, Jessica’s Law:

• increased the penalties for sex offenders,
• broadened the definition of certain sexual offenses,
• eliminated good time credits for early release of certain offenders,
• prohibited probation for certain sex crimes,
• extended parole for some offenses,
• increased court-imposed fees on sex offenders, and
• provided lifelong GPS monitoring of high-risk sex offenders.

As stated above, Jessica’s Law prohibited all registered sex offenders in California from living within 2,000 feet of a school or park. And certain high-risk offenders could not be within 2,640 feet. But these “sexual predator-free zones” were found to be unconstitutional. Instead, judges can impose California sex offender residency restrictions on a case-by-case basis.

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