Opinion No. (2006)

BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General THE DEPARTMENT OF CORRECTIONS AND REHABILITATION has requested an opinion on the following question: May the Department of Corrections and Rehabilitation place two or more sex offender parolees in a "residential facility which serves six or fewer persons" as that term is defined in the California Community Care Facilities Act? CONCLUSION The Department of Corrections and Rehabilitation may place two or more sex offender parolees in a "residential facility which serves six or fewer persons" as that term is defined in the California Community Care Facilities Act. ANALYSIS The Department of Corrections and Rehabilitation ("Department"), through its Division of Adult Parole Operations, is responsible for establishing conditions of parole and for supervising persons released on parole from the state's prisons. (Pen. Code, §§ 3000 , subds. (b)(6), (7), 3052, 5055.) 1 The Department's responsibility extends to parolees who are required to register as sex offenders under the provisions of section 290. Like all parolees, sex offender parolees are ordinarily released to their county of last legal residence,…