Hall

BACKGROUND

A. Sex Offender Registration Requirements and Residency Restrictions

The Penal Code allows for the imposition of a lifetime registration requirement on

sex offenders. (Pen. Code, § 290 et seq.)2 The registration requirement is mandatory for

a defendant convicted of a statutorily-specified sex offense (§ 290, subd. (c)), and is

discretionary for a defendant convicted of any other offense (§ 290.006). To impose the

discretionary registration requirement, the court must find that the defendant "committed

the offense as a result of sexual compulsion or for purposes of sexual gratification[,]" and

must "state on the record the reasons for its findings and the reasons for requiring

registration." (§ 290.006.)

When Proposition 83 (Jessica's Law) was passed in 2006, the Penal Code was

amended to add a residency restriction applicable to sex offender registrants. (See In re

E.J. (2010) 47 Cal.4th 1258, 1263 (E.J.).) The section, which is included in a portion of

the Penal Code addressing parolees, provides in relevant part as follows: "(b)

Notwithstanding any other provision of law, it is unlawful for any person for whom

registration is required pursuant to…