Police Department Policy

UCSF_05.02.16_-_Sexual_Predator_Sex_Registran_264021

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders Page 1 5.2 Criminal Investigations: Operations 5.2.16 Sexual Predator/Sex Registrant (Issued: 6/25/07) A. The UCSF Police Department will make great efforts to protect the campus community from registered high -risk and serious sex offenders through adherence to specifications provided in Megan’s Law (PC §§ 290; 290.4). B. California Penal Code § 290.01, governing sex offender registration on campus, was enacted effective October 28, 2002. (Stats. 2001, c. 544 (A.B. 4), § 2.) The fe deral Jacob Wetterling Act (42 U.S. Code § 14071), as amended by the Campus Sex Crimes Prevention Act [the “CSCPA,” Pub. L. 106 386, div. B, Sec. 1601, 114 Stat. 1464, 1537 (2000)], require the states to mandate sex offender registration and notification a t institutions of higher learning. In accordance with federal law, California law requires certain sex offenders to register on campuses of universities, colleges, community colleges, or other institutions of higher learning. The following guidelines are i ntended to assist campus police departments and local law enforcement agencies with jurisdiction over campuses which do not have campus police departments, as defined below. These guidelines address the law governing registering sex offenders on campus and explain the law regarding notification to the campus community. C. Persons Who Must Register on Campus 1. Persons have a duty to register in the jurisdiction where they reside (pursuant to PC § 290) and, if transient, have a duty to also register with a campus police department (under PC § 290.01) if: a. The registrant lives at a residence on campus b. The registrant is enrolled at the campus, either full -time or part -time c. The registrant is employed by the campus, either full -time or part-time (with or without pay) d. The registrant is carrying on a vocation on the campus (1) “Carrying on a vocation” on the campus, means that the person works on the campus, even if he is not employed by the campus itself. For example, persons who are employed by an independent contractor that runs a printing press or cafeteria/other food services on the campus are persons who are “carrying on a vocation” on the campus. Similarly, persons working on a construction crew on campus or in a campus bookstor e are carrying on a vocation on the campus. e. The registrant is a volunteer on the campus f. The registrant is a transient sex offender who is physically present on, living on, enrolled at, employed as volunteer at or carrying on a vocation on the campus . If his enrollment, employment or vocational status requires it, a transient sex offender must register with the campus police department in University of California, San Francisco Police Department General Orders 2 addition to the local jurisdiction where he registers every 30 days. If the campus is a place a transient registra nt occasionally frequents but is not living at and he does not have the status of being enrolled, employed, a volunteer or carrying on a vocation on campus, the transient need only list the campus as a place he frequents on his registration with the local jurisdiction in which he registers every 30 days. Examples of places a transient may “frequent” on a campus are the physical education facilities, the library or an eating establishment. 2. Registration of Out -of-state Residents Attending School in Califor nia under PC § 290(a)(1)(G) a. Registered sex offenders who reside in states other than California, but who come into California to attend an institution of higher learning must register with the local police or sheriff’s department having jurisdiction over the campus. Such students must register whether enrolled full -time or part -time. (PC § 290 (a)(1)(G).) The registrant must provide his or her out -of-state residence address on the registration form. Local agencies should send a copy of th e registration form to the campus police department as a courtesy. 3. Registration of Persons Living on Campus under PC § 290(a)(1)(A) or § 290(a)(1)(C) a. If the campus is a place the registrant lives (has a residence address or is physically present as a transient), PC § 290, subdivision (a)(1)(A) or (C) requires the registrant to register with the campus police department in addition to the jurisdiction where he/she resides or is physically present as a transient. 4. Duty to Register Both in Local Juris diction and with Campus Police Department a. Campus registration is intended to ensure that the campus knows about all sex offender registrants connected with the campus. The registrant’s primary registration duty is to register with the police or sheriff' s department of the jurisdiction where he/she resides, or to register as a transient every 30 days. Thus, a registrant who additionally must register on campus has a duty to register in two places: campus and jurisdiction of residence (or where physically present as a transient). A registrant who has a duty to register on campus must register with the campus police department, or with the local jurisdiction (sheriff’s department or police department)

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