AB 290

This bill establishes residence restrictions for persons who have committed

certain sex offenses.

Under current law, when a person who has committed a sex offense (sex

offender) is released to parole or extended supervision in the community, the

Department of Corrections (DOC) may approve the person to reside only within the

county in which the person was convicted of the offense, or in which he or she was

residing at the time of the offense, or within a sex offender treatment facility.

Current law allows DOC to authorize the person to reside in a different location if

the person initially resided in one of the listed locations.

Under current law, with some exceptions, a person who commits certain sex

offenses is required to register with DOC (registered sex offender). A registered sex

offender may not establish or change his or her residence without notifying DOC and,

so long as he or she is under DOC supervision, without DOC approval. DOC

maintains the sex offender registry and makes the information contained therein

available on an Internet site and makes the information available to local law

enforcement agencies via a direct electronic data transfer system.

Under current law, a person who is released to the community after committing

certain sex offenses against children or who otherwise requires close monitoring

upon his or her release into the community (high-risk sex offender) is subject to

electronic monitoring by DOC. A high-risk sex offender may be monitored through

global positioning system tracking or passive positioning system tracking, which

may continue for the lifetime of the high-risk sex offender.

Under the bill, DOC must make every reasonable effort to authorize a sex

offender to reside within the city, town, or village in which he or she resided on the

date of the sex offense. If the person is unable to reside in the city, town, or village

in which he or she resided on the date of the sex offense, DOC may authorize the

person to reside in the county in which the person resided at the time of the sex

offense or in which the person was convicted of the sex offense.

Under the bill, DOC may authorize most sex offenders to reside in a different

location if the sex offender was initially placed in the appropriate city, town, village,

or county but may not authorize a high-risk sex offender to reside in any location

other than a sex offender treatment facility. Under the bill, a high-risk sex offender

may not reside within 1,000 feet of a school premises or within 1,000 feet of a child

care facility for as long as he or she is subject to tracking.

The bill provides exceptions from the residency restriction for a person who is

confined in a jail, prison, or other house of correction, for certain juvenile offenders,

and for a person who is living in housing under a contract with DOC.

Under the bill, a high-risk sex offender who intentionally violates a restriction

on his or her residence is guilty of a Class H felony and may be fined up to $10,000,

or sentenced to a term of imprisonment of up to six years, or both.