Policy Text
Policy
340Fremont Police Department
Registered Offender Information
340.1 PURPOSE AND SCOPE
This policy establishes guidelines by which the Fremont Police Department will address issues
associated with certain offenders who are residing in the jurisdiction and how the Department
will disseminate information and respond to public inquiries for information about registered sex,
arson and drug offenders.
340.1.1 DEFINITIONS
The California Legislature has categorized each California registered sex offender as either "Full
Address Disclosure," "Zip Code Disclosure," or "No Post Disclosure." Disclosure under Megan's
Law Website pertains only to "Full Address Disclosure" and "Zip Code Disclosure" offenders.
Agencies can identify the category of an offender by accessing Megan's Law Website, VCIN
(Violent Crime Information Network) or by contacting the Department of Justice directly.
Categories of Registered Sex Offenders are:
(a)Full Address Disclosure - A Full Address Disclosure offender is a sex offender who
has been convicted of multiple violent crimes or declared Sexual Violent Predator
(SVP) per Welfare and Institutions Code § 6600.
(b)Zip Code Disclosure - A Zip Code Disclosure sex offender is a sex offender
convicted of a felony sex offense (except those listed in the "No Post" category) or of
misdemeanor child molestation.
(c)No Post Disclosure - A No Post Disclosure sex offenders include persons convicted
of misdemeanors (except misdemeanor child molest per Penal Code §§ 647.6 and
288 (c), and those felons convicted of repeated indecent exposure, pornography and
related offenses, and spousal rape. Law enforcement may make a disclosure on a
"No Post" if they determine, based on the facts available to them, that the person is
posing a current risk to others.
(d)Field Disclosure by Officers - The officer making the field disclosure shall complete
a police report documenting the reasons for and circumstances of the release of
information. The report will be classified as a "290 PUBLIC DISCLOSURE" (290Z)
in the Automated Reporting System. The 290Z report shall be forwarded to the 290
Detective and procedures outlined in this policy shall be followed.
340.2 POLICY
It is the policy of the Fremont Police Department to identify and monitor registered offenders living
within this jurisdiction and to take reasonable steps to address the risks those persons may pose.
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Registered Offender Information
340.2.1 RELEASE OF INFORMATION OUTSIDE CITY OF FREMONT
The addresses of registrants not residing in the City of Fremont will not be released to the public.
Members of the public inquiring as to the addresses of a sex offender should be referred to the
jurisdiction in which the offender resides.
340.3 REGISTRATION
The Investigative Bureau supervisor shall establish a process to reasonably accommodate
registration of certain offenders. The process should rebut any allegation on the part of the
offender that the registration process was too confusing, burdensome, or difficult for compliance.
If it is reasonable to do so, an investigator assigned to related investigations should conduct
the registration in order to best evaluate any threat the person may pose to the community.
Those assigned to register offenders should receive appropriate training regarding the registration
process.
Upon conclusion of the registration process, the investigator shall ensure that the registration
information is provided to the California Department of Justice (DOJ) in accordance with applicable
law (Penal Code § 457.1; Penal Code § 290 et seq.).
Subsequent registrations will be conducted by staff at the Fremont Detention Facility.
The refusal of a registrant to provide any of the required information or complete the process
should initiate a criminal investigation for failure to register.
340.3.1 CONTENTS OF REGISTRATION
The information collected from the registering offenders shall include a signed statement as
required by the California DOJ, fingerprints and a photograph, and any other information required
by applicable law (Penal Code § 457.1; Penal Code § 290 et seq.).
340.4 MONITORING OF REGISTERED OFFENDERS
The Investigative Bureau supervisor should establish a system to periodically, and at least once
annually, verify that a registrant remains in compliance with his/her registration requirements after
the initial registration. This verification should include:
(a)Efforts to confirm residence using an unobtrusive method, such as an internet search
or drive-by of the declared residence.
(b)Review of information on the California DOJ website for sex offenders.
(c)Contact with a registrant’s parole or probation officer.
Any discrepancies should be reported to the California DOJ.
The Investigative Bureau supervisor should also establish a procedure to routinely disseminate
information regarding registered offenders to Fremont Police Department personnel, including
timely updates regarding new or relocated registrants.
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Registered Offender Information
340.5 DISSEMINATION OF PUBLIC INFORMATION
Members will not unilaterally make a public notification advising the community of a particular
registrant's presence in the community. Members who identify a significant risk or other public
safety issue associated with a registrant should promptly advise their supervisor. The supervisor
should evaluate the request and forward the information to the Chief of Police if warranted.
A determination will be made by the Chief of Police, with the assistance of legal counsel as
necessary, whether such a public alert should be made.
Members of the public requesting information on sex registrants should