If convicted of offense listed in PC 290(c) -> must register as sex offender
PC 290.006: even if offense not listed in PC 290(c), Court may still require D to register, if the court finds that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.
Court must state on the record the reasons for its finding
Tier one applies, but court can find person should register as tier two or three offender
Length of registration depends on D’s designation as tier one, two, or three offender. (PC 290(d)(1).)
There are default provisions establishing which tier applies, but which tier applies can depend on: current offense, prior registration, prior convictions for specified offenses, and D’s risk level (i.e. Static-99)
Three tiers of registration were established “primarily based on the offense of conviction, for periods of at least 10 years (tier one), at least 20 years (tier two), and life (tier three).” (People v. Thai (2023) 90 Cal.App.5th 427, 432.)
Practice Tip: D should NEVER write which tier applies on the plea form.
Tier One
Duration: 10 years
Tier One is default provision if conviction requiring reg is:
PC 290(c) misdemeanor offense
PC 290(c) non-violent, non-felony offense
Tier Two
Duration: 20 years
Tier Two is default provision if conviction requiring reg is:
Serious or violent felony listed in PC 290(c)
PC 285, PC 286(g), (h), PC 287, PC 289(b)
PC 647.6 if second conviction for that offense
Tier Three
Duration: Life
Applies:
Prior Convictions
Prior conviction of 290 reg offense + present conviction for violent felony listed in PC 290(c)
Prior conviction of 290 reg offense + present conviction for violent felony for which D was required to register under PC 290.006
Sexually Violent Predator + D committed to state mental hospital
Convictions for Specified Crimes (PC 290(d)(3)(C).)
D’s Risk Level. If D’s “risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to PC 290.04, is well above average risk at the time of release on the index sex offense into the community.” (PC 290(d)(3)(D).)
Habitual Sex Offender under PC 667.71
Registration Under PC 290.004
Current Conviction. D convicted of:
2 convictions for PC 288(a), brought & tried separately. (PC 290(d)(3)(F).)
Offense listed in PC 667.61 + sentenced to 15-25 years to life
Felony PC 236.1(b) or (c)
Felony PC 243.4(a), (c), or (d)
PC 261(a)(2), (3), (4)
PC 261 + punished pursuant to PC 264(c)(1) or (2).
PC 262(a)(1)
PC 264.1
Any offense involving lewd or lascivious conduct under PC 272
PC 286(c)(2), or (d), (f), or (i)
PC 287(c)(2), or (d), (f), or (i)
PC 289(a)(1), or (d), (e), (j)
Felony PC 311.1 or PC 311.11
PC 311.2(b), (c), or (d), PC 311.3, PC 311.4, PC 311.10
Calculating Time Remaining As Tier One & Two Registered Offenders. (PC 290(e).)
Commences from date of release from incarceration
Tolling. Time is tolled during any period of subsequent incarceration
Arrests not resulting in convictions do not toll time remaining
Extending. Minimum time period extended by:
Each misdemeanor conviction for failure to register = + 1 year
Each felony conviction for failure to register = + 3 years
Termination from Sex Offender Registry
PC 290.5 “established procedures for a person to seek termination from the sex offender registry if the person meets certain criteria, including completion of the mandated minimum registration period.” (PC 290.5, subds. (a)-(c).)
P may request a hearing and present evidence to establish “community safety would be significantly enhanced by required continued registration.” (PC 290.5(a)(2), (3).)
Whether any victim was a stranger at the time of the offense
Criminal and relevant noncriminal behavior before and after conviction for the registerable offense
Time period during which the person has not reoffended
Successful completion, if any, of a Sex Offender Management Board-certified offender treatment program
Current risk of sexual or violent reoffense, including the person’s risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available.
If 290 offender meets requirements for termination and DA does not request a hearing petition shall be granted if:
(1) Court finds the required proof of current registration is presented in the petition
(2) The registering agency reported that the person met the requirement for termination pursuant to PC 290(e)
(3) There are no pending charges against the person which could extend the time to complete the registration requirements of the tier or change the person’s tier status, and
(4) The person is not in custody or on parole, probation, or supervised release.