Policy Text
San Francisco Police Department 7.03
GENERAL ORDER Rev. 1/10/2 4
Eff. 2/23/24
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Information Dissemination Regarding Registered Sex Offenders Megan’s Law
7.03.01 PURPOSE
The San Francisco Police Department stands for Safety with Respect for all. We will ensure
residents, visitors, and members are safe and feel safe. Informing and protecting our community, and doing so with dignity and fairness, is paramount in maintaining and building trust as the guardian of Constitutional and human rights. This General Order establishes Department policy and procedures for public information dissemination regarding registered sex offenders. The policy outlines when, how, and to what extent we can provide information about convicted sex offenders to community members so they can protect themselves and their children.
7.03.02 POLICY
A. General
Information on sex offenders is provided by the California Department of Justice through the
internet and available for public viewing at www.meganslaw.ca.gov . Members are
encouraged to refer the public to the Department of Justice website. When deemed appropriate, information about sex offenders can be furnished to members of the public who may reasonably be suspect ed to be at risk as potential victims. Members shall advise
community members that the information is being provided so that they might protect
themselves and their children from convicted sex offenders.
Members assigned to the Airport Bureau shall comply with the guidelines and procedures adopted by the Sheriff of San Mateo County for the implementation of “Megan’s Law” within San Mateo County. The Deputy Chief of the Airport Bureau shall develop and main tain a bureau policy that conforms to this order and the San Mateo guidelines.
Lawful disclosure of this information is described in California Penal Code Sections 290, 290.45, and 290.46.
B.
Law Enforcement Only Megan’s Law Database
1. The San Francisco Police Department’s Sex Offender Unit has full access to the
California Department of Justice’s Law Enforcement Only Sex Offender Database through the intranet. This database provides more information than the public website.
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2. Members may only use the information obtained from the “law enforcement only”
database for the purposes of performing their duties as a San Francisco Police Officer or police employee.
3. While acting as private persons , members may access the public internet website and
coordinate any disclosure of sex offender information in accordance with the law and through their local law enforcement agency.
C. Examples Warrant ing Potential Disclosure
Disclosures may be provided, as described below, in situations similar to these examples:
1. A convicted child molester is observed photographing children at a local park or school and asking them to accompany the subject back to their home, or,
2. Officers respond to a disturbance call at a residence. An officer conducts a warrant check at the location, and the person is identified as a sex offender convicted of child molestation. There are numerous children at the residence, including the children of the sex offender’s partner. Officers could make a notification of the offender’s sex registrant
status to the parent/guardian(s) of the minor children, or,
3. Officers conduct a traffic stop, and through a warrant check, discover that the driver is a registered sex offender, previously convicted of forcible rape. Officers determine that the offender’s passenger and offender are not well known to each other . Officers may make a
disclosure to the passenger.
7.03.03 PROCEDURES
A. Police Dissemination of Information on Registered Sex Offenders
California Penal Code 290.45 allows a law enforcement agency to provide information to the public about a person required to register as a sex offender pursuant to Section 290. The
agency may use any method deem ed appropriate, after assessing the offender’s risk to the
community to ensure the public safety, based upon information available to the agency concerning that specific sex offender’s current risk of sexual or violent re -offense.
The release of sex offender information shall be decided upon after an assessment by a
lieutenant who reasonably determines that notification is necessary to protect the public. The
assessment should include an examination of the current behavior of the offender as well as
the severity of past crimes and the likelihood of the offender committing another crime.
Special attention should be paid to repeat offenders and those who have been categorized as Sexual Violent Predators (SVP), as defined in 6600 WIC. If an offender is classified as a
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Sexual Violent Predator, it will be indicated on the “CLETS” return with the individual’s sex
offender registration information.
B. Approval and Content of Dissemination
Officers must first have conducted an initial investigation. If an officer then believes that
disclosure of information to an individual or group of individuals is warranted, the officer shall:
1. Notify a s ergeant to request permission to diss eminate information about a sex offe nder
to a specific person(s).
2. If a s ergeant believes a disclosure should be made, the s ergeant shall confer with a
lieutenant to assess the situation and determine what information , if any, should be
disclosed to the person(s).
3. The l ieutenant shall determine the scope of information disseminated and set the
guidelines by which person( s) receiving the information may disclose it. The l ieutenant
determin