San Joaquin County
District Attorney's Office

Sex Offender Registration Pursuant to Penal Code § 290.006

Penal Code section 290.006(a) states “[a]ny person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.”

The new tiers indicate the earliest a sex offender may petition to be removed from the sex offender registry barring any tolling of time. Tier 1 requires a minimum of 10 years of registration, Tier 2 requires a minimum of 20 years of registration, and Tier 3 is a required lifetime registration. Regardless of the tier chosen, the People request that the defendant be advised that the registration requirement is a lifetime requirement due to the fact that there is no guarantee that his petition to terminate 290 registration will be granted.

In anticipation of the new tiered sex offender registration that will be in effect beginning January 1, 2021, the People also ask that the court make a determination as to the tier the court would order based upon the following:

  • (b) The person shall register as a tier one offender in accordance with paragraph (1) of subdivision (d) of Section 290, unless the court finds the person should register as a tier two or tier three offender and states on the record the reasons for its finding.
  • (c) In determining whether to require the person to register as a tier two or tier three offender, the court shall consider all of the following:
    • (1) The nature of the registerable offense.
    • (2) The age and number of victims, and whether any victim was personally unknown to the person at the time of the offense. A victim is personally unknown to the person for purposes of this paragraph if the victim was known to the offender for less than 24 hours.
    • (3) The criminal and relevant noncriminal behavior of the person before and after conviction for the registerable offense.
    • (4) Whether the person has previously been arrested for, or convicted of, a sexually motivated offense.
    • (5) The person's current risk of sexual or violent reoffense, including the person's risk level on the SARATSO (State-Authorized Risk Assessment Tools for Sex Offenders) static risk assessment instrument, and, if available from past supervision for a sexual offense, the person's risk level on the SARATSO dynamic and violence risk assessment instruments.
  • (d) This section shall become operative on January 1, 2021.”

In determining whether to impose sex offender registrating, the court must engage in a two step process: 1) it must make a finding whether the offense was committed as a result of sexual compulsion or for purposes of sexual gratification, and state the reasons for those findings; and 2) it must state the reasons for requiring lifetime registration as a sex offender; most importantly, the trial court must consider the likelihood defendant will reoffend. (People v. Hofsheier (2006) 37 Cal. 4th 1185, 1197.)