Megan’s Law allows the state to post your picture and address on the Department of Justice website if you have been convicted of certain sex offenses. The date of conviction does not matter. In certain cases, it is possible to have your name, address, and picture taken off the website. For instance, if your conviction is for a misdemeanor violation of Penal Code sections 647.6 (annoying or molesting a child under 18 years of age) or 243.4 (sexual battery) you simply have to send the DOJ a petition for exclusion. This petition can be found on the DOJ website (www.meganslaw.ca.gov)
If you are on the DOJ website for any other offense, you can only be excluded if ALL of the following conditions apply:
1. You are currently are on probation or have successfully completed probation. If you went to state prison you are NOT eligible for exclusion. ALSO,
2. The victim must have been a family member. This is defined as son/daughter, step son/daughter, mother, father, sister, brother, grandchild, or grandparent. “Family member” does not include nephews or nieces. FINALLY,
3. The crime must not have involved oral copulation or any type of penetration. It is the burden of the petitioner to prove this by the police report, probation report, Doctor’s report evaluating the offender, or other like official document
Jessica’s Law (Proposition 83)
Jessica’s Law is a very complex and multifaceted initiative that passed into law on November 7, 2006, and it will be several years before most of the provisions have been interpreted by the courts. The legislature may also make changes and amendments in the meantime. However, at this point it appears that the 2,000 foot prohibition (preventing all 290 registrants from living within 2,000 feet of a school or park) does NOT apply to anyone whose conviction pre-dates the passage of the bill. Be aware that Attorney General Jerry Brown has maintained that the measure applies to persons who were released before November 7, 2006, “if they changed their residence after November 7, 2006.” To date, no court has ruled on this issue.
If you are on Parole, the Parole Board may require you to comply with the provisions of “Jessica’s Law,” even if the offense for which you are currently on parole is not a sex offense, or your offense pre-dates the passage of Jessica’s Law. The Parole Board can impose greater restrictions on you so long as it is reasonably related to your offense or record, and it is unlikely that you will be able to successfully challenge the conditions of parole. It is a different issue, however, once you are off parole. At that point, your ability to challenge such limitations improves
The law regarding GPS monitoring remains largely unclear. However, it does seem clear that any person who is on parole for a registerable sex offense can be required to be hooked up to a GPS for the duration of parole. It is not clear whether it is a lifetime requirement if the crime or conviction predates the passage of the law. It is also unclear if a person on parole for a non-registerable offense, but who is required to register as a sex offender, can be placed on the GPS under this law.
If you questions about how these laws apply to you, or how you can get off PC 290 registration, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.