Registration of Sex Offenders

357.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a procedure for the registration of sex offenders at the UCLA Police Department as required by Penal Code §§ 290 and 290.01. It is the policy of the UCLA Police Department to register all persons as required.

357.2 REGISTRATION REQUIREMENTS

All UCLA affiliated persons (as defined) who have been convicted of any crime listed in Penal Code § 290 (c) are required to register within five (5) days with the Department as required in:

(a) Penal Code § 290 (b) requires persons described in Penal Code § 290 (c) to register for life while residing or located in California. A person who resides or is located as a transient upon the UCLA campus must register with the Department. The person is required to register within five (5) working days of coming into or changing his residence or location within any city, county or campus. He/she is also required to register within five (5) working days of his/her birthday each year for an annual update. If the registrant is a transient located on the campus he/she must do the update every thirty (30) days.

(b) Penal Code § 290.005 requires registration of persons convicted in other courts including other state courts, federal and military courts to register in California if the offense, had it been committed in California, would have been punishable as one or more of the offenses described in Penal Code § 290 (c).

1. As long as the outofstate conviction contains all the elements of a registrable offense under Penal Code § 290, it is registrable in California. The label of the offense is not dispositive.

(c) Pursuant to Penal Code § 290.005 (d), any person who would be required to register while residing in the state of conviction for a sex offense committed in that state but it does not apply to a person required to register in the state of conviction if the conviction was for the equivalent of one of the following offenses, and the person is not subject to Penal Code § 290 (c):

1. Indecent exposure, pursuant to Penal Code § 314.
2. Unlawful sexual intercourse, pursuant to Penal Code § 261.5.
3. Incest, pursuant to Penal Code § 285.
4. Sodomy, pursuant to Penal Code § 286, or oral copulation, pursuant to Penal Code § 288a, provided that the offender notifies DOJ that the sodomy or oral copulation conviction was for conduct between consenting adults, as described in Penal Code § 290.019 and DOJ is able, upon the exercise of reasonable diligence, to verify that fact.

Similarly, the fact that the offender is not required or has been relieved of the obligation, to register in his/her home state does not dispose of his/her obligation to register in California. If the sex offense is an outofstate conviction, contact the California Attorney General’s Office Department of Justice to determine if the offense is comparable to a registrable California offense.

Penal Code § 290.95 prohibits sex offender registrants whose sex crime was against a victim under age 16 from working with minors as an employee or volunteer if the registrant will be working with minors directly and in an unaccompanied setting on more than incidental or occasional basis or has supervisory or disciplinary power over the child.

If the registrant’s crime was not against a victim under age 16 the registrant must notify the employer or volunteer organization of his/her status as a registrant.

All registrants who are enrolled or employed by an University are required to register with the campus Police per Penal Code §§ 290.009 and 290.01 (a)(1). This section requires dual registration with the jurisdiction where the person lives and with the campus for the following sex offenders that have a registration duty:

• Students enrolled at the campus.
• Full or parttime employees, with or without compensation.
• Those carrying on a vocation at the campus.

The terms employed or carries on a vocation include employment whether or not it is financially compensated, volunteered or performed for government or educational benefit. The registrant must be employed, etc. over 14 days in a calendar year or more than an aggregate of 30 days. Violation of Penal Code § 290.01 is a misdemeanor.

A student is enrolled for purposes of the registration law, on the day the first quarter/semester of enrollment begins and must register within five (5) working days of that date. Thereafter, if the student remains enrolled for the next regular semester or quarter, he/she does not need to notify the Department of any status change. The summer session does not count as a regular semester/quarter and if a registrant is present spring semester/quarter and will return fall semester/quarter he/she does not have to come in at the end of the spring term to notify the Department he/she is leaving for the summer nor does he/she have to appear at the beginning of the fall term to reregister.

However, if the registrant does not reenroll for a regular session during the school year he/she must notify the Department within five (5) working days of the last day of the semester/quarter that he/she is enrolled that he/she will be absent the following semester/quarter. When the registrant reenrolls he must reregister with the Department within five (5) working days of the first day of that new semester/quarter.

The registrant must bring proof of residence if he/she is living on campus such as his/her contract for the residence halls.

The proof of residency is to consist of either a California Driver’s License, California ID card, recent rent or utility receipt, printer personalized checks, other recent banking documents showing the registrant’s name and address or any other reliable proof of residence.

If the registrant has no proof of residence he/she must be allowed to register but told to return to the Department and furnish proof of residence within 30 days of the date he/she registered. Failure to furnish such proof pursuant to Penal Code § 290.015 (a)(5) is a misdemeanor violation of Penal Code § 290.018 (h).

357.2.1 SUBJECTS REQUIRED TO REGISTER

Pursuant to Penal Code §§ 290 (b) and 290.01 (a)(1):

(a) Who resides on UCLA property (registrant must provide proof of residence).

(b) Who has no residence, but who is located on UCLA property (transients).

(c) Who is an enrolled student and who attends classes at the UCLA campus (including campus only University Extension students).

(d) Who is a full/part time employee at UCLA with or without compensation, including volunteers, (excluding noncampus locations).

(e) Who carries on a vocation at UCLA for more than 14 days or for an aggregate period exceeding 30 (total) days in a calendar year (vendors, construction workers, etc.).

357.2.2 CONVICTIONS REQUIRING REGISTRATION

As defined under Penal Code § 290 (c) the following persons shall be required to register.

(a) Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Penal Code § 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Penal Code §§ 286, 288, 288a or 289.

(b) Penal Code § 207 or 209 committed with intent to violate Penal Code § 261, 286, 288, 288a or 289

(c) Penal Code § 220, except assault to commit mayhem

(d) Penal Code § 243.4

(e) Penal Code § 261 (a)(1), (2), (3), (4) or (6)

(f) Penal Code § 262 (a)(1) involving the use of force or violence for which the person is sentenced to the state prison

(g) Penal Code § 264.1, 266 or 266c

(h) Penal Code § 266h (b)

(i) Penal Code § 266i (b)

(j) Penal Code § 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289 or 311.1

(k) Penal Code § 311.2 (b), (c) or (d)

(l) Penal Code § 311.3, 311.4, 311.10, 311.11 or 647.6

(m) Former Penal Code § 647a

(n) Penal Code § 653f (c)

(o) Penal Code § 314 (1) or (2)

(p) Any offense involving lewd or lascivious conduct under Penal Code § 272.

(q) Any felony violation of Penal Code § 288.2.

(r) Any statutory predecessor that includes all elements of one of the abovementioned offenses.

(s) Any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the abovementioned offenses.

357.2.3 UCLA CAMPUS REGISTRATION REQUIREMENTS

(a) All persons required to register must register within five (5) working days of coming into, or changing his/her residence or, if she/he has no residence, once located at UCLA. Penal Code § 290.01 (a)(1)

(b) All persons who reside on the UCLA campus and all persons who have no residence, but who are located on the UCLA campus shall within five (5) working days of his/her birthday, beginning on the first birthday following registration or change of address shall register with the Department. Penal Code § 290 (b)

1. There is no annual registration requirement for nonresident students or nonresident employees.(c) All persons required to register shall within five (5) working days of ceasing to be enrolled or employed, or ceasing to carry on a vocation notify the Department. Penal Code § 290.01 (a)(1)(d) If the person registering has no residence, (transient) she/he shall update his/her registration no less than once every 30 days. Penal Code § 290.011(e) Every person who is a sexually violent predator, as defined in Welfare and Institutions Code § 6600, shall after his/her release from custody, verify his/her addresses no less than once every 90 days. Penal Code § 290.012 (b)

357.3 REGISTRATION PROCEDURE

Detectives will be responsible for overseeing the registration of all campus affiliated sex offenders including the completion and dissemination of all the required registration forms. The registrant must schedule an appointment with the Crimes Against Persons (CAPS) detective. If the CAPS detective is not available then the Detective Sergeant will assign the registration to another detective.

Detectives shall be responsible for entering the registration information into the Violent Crime Information Network (VCIN) via JDIC/CLETS. The detective shall make an inquiry of VCIN to determine if a record already exists. The appropriate forms will be completed as indicated. Refer to the VCIN/CLETS User Guide for data entry instructions.

Sex registration records (check list, photograph, proof of residence registration documents, criminal history, copies of associated criminal cases, etc.) are considered investigative records and therefore, shall be maintained by the Detective Division in a secured location. The detective shall assign a separate investigative registrant file number for record keeping purposes. An incident and Report Number shall be assigned to each registration of a sex offender.

The detective shall make an inquiry of VCIN to determine if a record already exists. The appropriate forms will be completed as indicated.

The detective handling the registration shall check the registrant for any outstanding wants and warrants.

The Communications Center shall enter all required data from the completed forms into VCIN via CLETS. Refer to the VCIN/CLETS user guide for data entry instructions.

Sex offender registration forms are available at http://clew.doj.ca.gov/.

357.3.1 DOCUMENTS REQUIRED

357.4 REGISTRATION FORMS

Registration Fingerprint Card (BCII5)

Complete both sides of the form. The original is to be mailed to the DOJ Registration Program and a copy is to be maintained.

Change of address / Annual update (SS8102)

Complete the form and have the registrant read and initial each section of the Registration Notification Statement located on the back of the form. The data from this form is to be entered into VCIN and the original is to be maintained.

Notice of Sex Offender Registration Requirement (SS8047)

This form is used to notify a registrant as to his/her responsibility to register. It is usually completed by the institution releasing the registrant from custody (this is not the registration form). Complete the form and have the registrant read and sign the Notification Statement. Disseminate copies of the form as indicated on the bottom of the form.

Registration Receipt (SS8072)

This form is used as both a temporary and permanent receipt. Two of these forms must be completed. The form marked “Temporary” is given to the registrant when the process is completed. The form marked “Permanent” is mailed to the registrant’s address within ten days, which helps ensure it is a valid address.

Photograph

Photographs shall be taken each time the registrant registers or updates his/her information. One copy of the photographs shall be sent to the DOJ Registration Program (via email) and another copy shall be placed in the registration file. DOJ requires the following information be listed on the back of each photograph (if nondigital):

(a) Registrant’s full name

(b) Date of birth

(c) CII number (if known)

(d) VCIN File Control Number (FCN)

(e) Department name and ORI

(f) Date photograph was taken

Photographs should be taken of any scars, marks and tattoos as well as any vehicle. Photographs are sent to DOJ to vcin.photo@doj.ca.gov in JPEG format with the descriptive information included in the email.