AB 992, as introduced, Perea. Sex offender registration: juvenile offenders.
The Sex Offender Registration Act requires every person who has been convicted of any one of specified sex offenses to register with law enforcement, as specified, for the rest of his or her life while residing in this state. This provision applies to any person who is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court, or from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses for which registration is required in accordance with the Act. Existing law also requires that all records specifically relating to the registration that are in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials be destroyed when the person who is required to register has his or her records sealed under a specified provision of law.
This bill would require a juvenile sex offender who is placed on probation or parole for committing or attempting to commit specified sex offenses to register in accordance with the Act. The bill would also require a juvenile sex offender who is on probation or parole in another state, transfers to this state for supervision, and was found to have committed or attempted to commit specified sex offenses in the other state, to register in accordance with the Act. By expanding the class of persons who are required to register and to have their records sealed or destroyed, the bill would impose additional duties on local law enforcement employees, thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 290.008 of the Penal Code is amended
2to read:
(a) begin insert(1)end insertbegin insert end insert Any person who, on or after January 1, 1986,
4is discharged or paroled from the Department of Corrections and
5Rehabilitation to the custody of which he or she was committed
6after having been adjudicated a ward of the juvenile court pursuant
7to Section 602 of the Welfare and Institutions Code because of the
8commission or attempted commission of any offense described in
9subdivision (c) shall register in accordance with the Act.
10(2) Any
person who, on or after January 1, 2014, has been
11adjudicated a ward of the juvenile court pursuant to Section 602
12of the Welfare and Institutions Code and has been placed on
13probation for the commission or attempted commission of any
14offense described in subdivision (c), shall register in accordance
15with the Act.
16(b) Any person whobegin insert (1)end insert is discharged or paroled from a facility
17in another state that is equivalent to the Division of Juvenile Justice,
18to the custody of which he or she was committed because of an
19offense which, if committed or attempted in this state, would have
20been punishable as one or more of the offenses described in
P3 1subdivision (c)begin insert, or (2) is on probation or parole in another state,
2transfers to this state for
supervision, and was foundend insertbegin insert by a court in
3the other stateend insertbegin insert end insertbegin insertto have committed or attempted to commit one or
4more of the offenses described in subdivision (c) in that state when
5he or she was under 18 years of ageend insertbegin insert,end insert
shall register in accordance
6with the Act.
7(c) Any person described in this section who committed an
8offense in violation of any of the following provisions shall be
9required to register pursuant to the Act:
10(1) Assault with intent to commit rape, sodomy, oral copulation,
11or any violation of Section 264.1, 288, or 289 under Section 220.
12(2) Any offense defined in paragraph (1), (2), (3), (4), or (6) of
13subdivision (a) of Section 261, Section 264.1, 266c, or 267,
14paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
15Section 286, Section 288 or 288.5, paragraph (1) of subdivision
16(b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a)
17of Section 289, or Section 647.6.
18(3) A violation of Section 207 or 209 committed
with the intent
19to violate Section 261, 286, 288, 288a, or 289.
20(d) Prior tobegin insert termination of probation, or prior toend insert discharge or
21parole from the Department of Corrections and Rehabilitation, any
22person who is subject to registration under this section shall be
23informed of the duty to register under the procedures set forth in
24the Act. Department officials shall transmit the required forms and
25information to the Department of Justice.
26(e) All records specifically relating to the registration in the
27custody of the Department of Justice, law enforcement agencies,
28and other agencies or public officials shall be destroyed when the
29person who is required to register has his or her records sealed
30under the procedures set forth in Section 781 of the Welfare and
31Institutions Code.
This section shall not be construed as requiring
32the destruction of other criminal offender or juvenile records
33relating to the case that are maintained by the Department of
34Justice, law enforcement agencies, the juvenile court, or other
35agencies and public officials unless ordered by a court under
36Section 781 of the Welfare and Institutions Code.
If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P4 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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