1. (a) To establish a residence pursuant to Penal Code (PC) section 290.011, a supervised person must regularly reside at a location or locations. The complete set of circumstances will be considered to determine whether a supervised person has established a residence or whether the supervised person is a transient sex offender as defined in section 3000. For the purposes of this section, a supervised person who spends one day or one night in a shelter or structure that can be located by a street address, including but not limited to houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles, may be determined to have established a residence if other circumstances are present. These circumstances include, but are not limited to:

   1. (1) The supervised person resides one day or night at the same address every week, for multiple consecutive weeks, thus establishing a pattern of residency.
   2. (2) The supervised person resides two or more consecutive days or nights at the same address, or two or more days or nights at the same address in a period that would appear to establish a pattern of residency.
   3. (3) The supervised person is in possession of a key to an address where they are located and there is evidence of a pattern of residency.
   4. (4) Upon contacting the supervised person at an address where they are located or has been residing, evidence exists that they have established residency. Evidence would include, but is not limited to, clothing in a closet or drawer, toiletries in a bathroom, or information from occupants and/or neighbors. Such evidence may establish a pattern of residency.

2. (b) When determining whether a residence has been established, the Parole Agent shall utilize all available resources and information. If a review of the complete set of circumstances indicates residency has been established, and a reasonable and prudent Parole Agent reviewing the same information would draw the same conclusion, then a residence has been established. After a transient sex offender establishes a residence, they are no longer recognized as transient, and:

   1. (1) Continues to have a lifetime obligation to register as a sex offender, but is subject to the registration requirements as provided under PC section 290.010.
   2. (2) May be subject to residency restrictions as described in sections 3571 and 3582.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.010, 290.011, 3003 and 5054, Penal Code.

History

1. New article 6.5 (sections 3590-3590.3) and section filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 48).

3. New article 6.5 (sections 3590-3590.3) and section refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 12-1-2011 order transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).

5. Amendment of subsections (b) and (b)(2) and amendment of Note filed 10-10-2016 as an emergency; operative 10-10-2016 (Register 2016, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-20-2017 or emergency language will be repealed by operation of law on the following day.

6. Reinstatement of section as it existed prior to 10-10-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 19).

7. Amendment of subsections (b) and (b)(2) and amendment of Note refiled 5-23-2017 as an emergency; operative 5-23-2017 (Register 2017, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-21-2017 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 5-23-2017 order, including amendment of Note, transmitted to OAL 8-15-2017 and filed 9-25-2017; amendments effective 9-25-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 39).

9. Change without regulatory effect amending subsections (a)-(b) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).