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Police Commission asks state corrections to clarify transient registration under Jessica's Law; resolution adopted

San Francisco Police Commission · December 5, 2007
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Summary

The commission voted to ask the California Department of Corrections to rescind guidance that encourages registrants to claim "transient" status and to enforce Penal Code section 290 reporting; the motion passed after amendments to notify local legislators and to change weekly to monthly reporting.

The Police Commission on Dec. 5 adopted a resolution urging clarification from the California Department of Corrections (CDC) about how Jessica's Law (Prop 83) and Penal Code section 290 apply to registrants who claim "transient" status.

Commissioner Joe Veronese introduced the measure after noting the CDC's policy memo (policy 0748) instructs parole agents to offer registrants the option of designating themselves as transient, which the commissioner said can make it difficult for local law enforcement and victims to locate registrants. Veronese said the number of registrants claiming transient status had risen (from 33 to 49 during a recent check) and asked that the CDC rescind that portion of the guidance and ensure reporting aligns with Penal Code section 290.

The commission debated practical consequences: some commissioners warned that eliminating transient registration could displace people with no lawful local housing and shift the problem to other jurisdictions; others said registrants should not be advised to misrepresent a residence when they are living at an address. The commission amended the draft to add notification to the San Francisco Assembly and Senate delegation and to change a requested reporting cadence from weekly to monthly.

A roll call vote carried the motion. Commissioners voting yes included Joe Marshall, Thomas Mazuko, Teresa Sparks and Joe Veronese; Commissioners David Campos and Yvonne Lee voted no. The commission directed staff to transmit the resolution to the CDC and to local legislative offices as amended.

Next steps: staff will send the adopted resolution (with amendments) to the CDC and local Assembly and Senate members and will seek CDC clarification of transient-registration guidance.