Policy Text
Ref: CALEA
Standard 54.1.1;
82.1.1 DEPARTMENTAL
GENERAL ORDER M-15 Rev.
9 Nov 01
Index as: Megan’s Law Policy Penal Code §290 and 290.4 Sex Offenders, Release of Information
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RELEASE OF INFORMATION ABOUT SEX OFFENDERS
The purpose of this order is to set forth policy for the dissemina tion of information
regarding serious and high-risk sex offenders under Cali fornia's Megan's Law (Penal
Code Sections 290 and 290.4).
I. DEFINITIONS
The California Department of Justice has categorized each registered sex offender
as either "high risk," "serious," or "o ther." Disclosure und er Megan's Law is
allowed only for high risk and serious offenders. Authorized personnel can
identify the category of an offende r by accessing the Megan's Law CD-ROM,
CLETS (Violent Crime Information Ne twork/Supervised Release File) or
contacting the Department of Justice directly.
A. Categories of Regist ered Sex Offenders
These categories will be employed in the CD-ROM provided by the
Department of Justice and through CLETS.
1. High Risk High-risk sex offenders are those who have been identified by the
Department of Justice as havi ng a high risk of re-offending and
who may pose a greater danger to the public. The Department of
Justice uses the crit eria set forth under Penal Code Section
290(n)(1).
DEPARTMENTAL GENERAL ORDER M-15 Rev.
9 Nov 01 OAKLAND POLICE DEPARTMENT
2. Serious Sex Offenders
A serious sex offender is a regist rant whose underlying offense is
either a certain felony sex o ffense or misdemeanor child
molestation. These felo ny offenses include a ll felony sex offenses
for which registration is required, with th e exception of spousal
rape, pornography and re lated offenses, and repeated indecent
exposure (Penal Code Section 290.4).
B. Other Registered Sex Offenders
Other registered sex offenders ar e misdemeanants ex cept misdemeanor
child molesters per Penal Code Sec tions 647.6 and 288(c), and those
felons convicted of repeated indecent exposure, pornography and related
offenses, and spousal rape. Informat ion on these indivi duals may not be
released to the public.
II. ACCESS BY THE PUBLIC: HIGH RISK AND SERIOUS SEX
OFFENDERS
A. CD-ROM
1. As mandated by law, the Departme nt shall make the CD-ROM or
other electronic medium ava ilable for public viewing.
2. Access shall be grante d in accordance with th e following guidelines
and procedures:
a. Each applicant shall provide id entification in the form of a
California Driver's License, California Identification Card,
or other valid picture identification showing that the
applicant is at leas t 18 years of age.
b. Each applicant shall sign a register, which the Records
Division Identification Section will maintain, of persons
applying to view the CD-ROM or other electronic medium.
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DEPARTMENTAL GENERAL ORDER M-15 Rev.
9 Nov 01 OAKLAND POLICE DEPARTMENT
c. Each applicant for viewing shall also sign a statement
provided by the Department of Justice, attesting that the
applicant is not a registered sex offender, that he or she
understands the purpose of the release of information is to allow members of the public to protect themselves and their
children from sex offenders and that he/she understands it is
unlawful to use information obt ained from the CD-ROM or
other electronic medium to commit a crime against any
registrant or to engage in illegal discrimination or
harassment of any registrant.
d. The signed statement shall be maintained by the Records
Division Identification Section fo r a minimum of five years.
e. The records of persons to view the CD-ROM or other
electronic medium are confidential and are not subject to disclosure pursuant to the P ublic Records Act. A copy of
the application requesting to view the CD- ROM or other
electronic medium may be di sclosed to law enforcement
agencies for law enforcement purposes only.
f. Members or employees may not edit or modify information
on the CD-ROM to create a "s ub-set" regarding offenders
for public access.
g. Mechanical, electronic and/or photographic reproduction of information on the CD-ROM by non-law enforcement
personnel is not permitted pursu ant to Penal Code Section
290.4(c).
B. Public Access Considerations
1. The viewing of the CD-ROM sha ll occur in the Oakland Police
Administration Building, Identific ation Section, 3rd Floor Room
313, from 0800 to 1130 and from 1300 to 1530.
2. Members and employees shall not gi ve legal advice or opinions to
the public or the media beyond th e scope of their duties. The
California Department of Justice resource brochure, "Megan's Law," is available in the Iden tification Section. The resource
brochure explains the availabil ity of the Megan's Law CD-ROM
and information on how to contact a sexual assault investigator or
the Youth Services Section for follow-up activity when appropriate.
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DEPARTMENTAL GENERAL ORDER M-15 Rev.
9 Nov 01 OAKLAND POLICE DEPARTMENT
III. PRO-ACTIVE DISSEMINATION TO THE PUBLIC ABOUT HIGH RISK
SEX OFFENDERS
A. General Policy
1. Megan's Law authorizes peace of f