Sex offender management: how registered sex offenders are tracked
In California, when an individual is convicted of certain sex crimes, he or she is required to register as a sex offender (under Penal code 290) with a local law enforcement agency. Prior to being released from jail or prison or prior to being placed on probation, the individual will be notified in writing of his or her duty to register, as will the Department of Justice (DOJ).
This information is maintained in the sex offender tracking program at the DOJ (available to the public under certain circumstances on the Internet) where each individual’s upcoming required update (and any violation of that update) is tracked. The DOJ updates its database daily, based on the information that it receives from reporting law enforcement agencies and it retains all records for 75 years following the disposition of an individual’s case.
Once registered, an individual’s personal information, including a photo, address, identifying information, aliases and relevant criminal history may be found online at meganslaw, which is the California website run by the DOJ. However, about 25% of registered offenders will not appear on the Internet, as they are excluded from public disclosure. Whether or not one’s information is publicly available depends on the specific sex crime that he or she was convicted of, as persons convicted of the “less serious” offenses are either automatically excluded or may apply for exclusion (available when the offender is the victim’s parent, stepparent, sibling or grandparent, when the offense didn’t involve specified acts and if the accused is currently on or has successfully completed probation).
Information that appears online is divided into three groups. The first group contains the most serious offenses and lists the offender’s complete address. The second group contains the slightly less serious offenses and will include the offender’s complete address (if the offender has a prior registerable offense) or only the offender’s zip code if the offense is his or her first. The final group contains offenses that only reveal the offender’s zip code. A qualified California sex crime criminal defense lawyer can tell an individual under which group his or her offense falls.
The skilled criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense and are an individual’s best chance of avoiding public disclosure on the Internet. They know that the dissemination of an offender’s personal information doesn’t only affect his or her reputation, but affects housing and job opportunities and may even lead to severe harassment and physical harm. They understand the variety of ways that Internet exposure can be circumvented and will do their best to plead their clients to offenses that do not require public online disclosure, to plead their clients to offenses for which they may apply for exclusion, to plead their clients to misdemeanors (on wobbler offenses) where the misdemeanor does not require public disclosure or to plead their clients to a greater offense that may carry a more severe jail or prison sentence but that is not sexually related, thus avoiding lifetime registration and the humiliation and isolation that frequently results from this devastating penalty.
It must be noted that the laws regarding sex offender registration and related Internet regulations are constantly changing and becoming stricter. California is in the process of implementing a program known as SARATSO (State-Authorized Risk Assessment Tool for Sex Offenders). Once implemented, every person required to register as a sex offender will be subject to its provisions. SARATSO will undoubtedly have extensive effects on probation vs. prison, the length of sentences and the conditions that relate to prison, parole and Internet exposure. This is perhaps one of the most important reasons why an individual accused with a California sex crime must contact the unsurpassed attorneys at The Kavinoky Law Firm who receive ongoing education and training with respect to this ever-changing complex and unique area of the law, which is directly responsible for their outstanding results. Contact them today for a free consultation, for the most trusted legal advice and for the very best representation.
