California Penal Code. California
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Название: California Penal Code

Автор: California

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392105397

isbn:

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      (i) The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.

      (ii) The year he or she was released from incarceration for that offense.

      (iii) Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.

      However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.

      (B) (i) Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.

      (ii) Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.

      (iii) Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.

      (iv) Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.

      (3) The State Department of State Hospitals shall provide to the Department of Justice Sex Offender Tracking Program the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.

      (b) (1) On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the department shall make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.

      (2) This subdivision shall apply to the following offenses and offenders:

      (A) Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.

      (B) Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.

      (C) Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.

      (D) Paragraph (2) or (6) of subdivision (a) of Section 261.

      (E) Section 264.1.

      (F) Section 269.

      (G) Subdivision (c) or (d) of Section 286.

      (H) Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.

      (I) Subdivision (c) or (d) of Section 288a.

      (J) Section 288.3, provided that the offense is a felony.

      (K) Section 288.4, provided that the offense is a felony.

      (L) Section 288.5.

      (M) Subdivision (a) or (j) of Section 289.

      (N) Section 288.7.

      (O) Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.

      (P) A felony violation of Section 311.1.

      (Q) A felony violation of subdivision (b), (c), or (d) of Section 311.2.

      (R) A felony violation of Section 311.3.

      (S) A felony violation of subdivision (a), (b), or (c) of Section 311.4.

      (T) Section 311.10.

      (U) A felony violation of Section 311.11.

      (c) (1) On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision.

      (2) This subdivision shall apply to the following offenses:

      (A) Section 220, except assault to commit mayhem.

      (B) Paragraph (1), (3), or (4) of subdivision (a) of Section 261.

      (C) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.

      (D) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.

      (E) Subdivision (b), (d), (e), or (i) of Section 289.

      (d) (1) On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, СКАЧАТЬ