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FAQ

About Megan's Law FAQ

Please contact your local law enforcement agency to report any information you have on the registrant.

Not all registered sex offenders are posted on the public Megan’s Law website. Pursuant to Penal Code section 290.46, only some registrants can be posted online. For those who can be posted, only some registrants can have their home addresses posted, others are posted by ZIP Code only. There is another category of offenders which is not posted on the public website. Additionally, a registrant may apply for exclusion from the website, if he or she meets the requirements set forth in Penal Code section 290.46, subdivision (e).



Risk Assessment FAQ

The assessment is based on research studies identifying things about sex offenders that when present, predict risk of re-offense, such as age of the offender, prior arrests and convictions for sex offenses and violent offenses, and type of victim.

Risk scores are calculated based on the re-offense rates of numerous sex offenders. When an offender has a score comparable to a large number of sex offenders on which the re-offense rates were derived, then the sex offender is expected to have a similar rate of sexual re-offense.

As offenders successfully live in the community without incurring new offenses, their recidivism risk declines. In general, the expected sexual offense recidivism rate is reduced if the offender has over two years of offense-free behavior in the community. The longer it has been since the offender’s sex offense conviction, the lower the expected recidivism rate, if he has not committed another sex offense or a new serious or violent offense. Offenders who commit a new sexual or other offense that resulted in a sentence of more than one to two months jail time, however, may not be at lower risk of sexual re-offense as time goes by, and may even be higher risk. (Static-99R Coding Rules, Appendix 1 at p. 59, online at Society for the Advancement of Actuarial Risk Need Assessment (SAARNA) .)

Studies show that the Static-99R is moderately accurate in the ability to predict sexual recidivism. Risk assessments usually improve when additional risk factors, such as dynamic (changeable) risk factors, are also examined by trained professionals.

Research-based risk assessment helps probation and parole officers decide which offenders need more intensive supervision, including active monitoring with GPS, and helps inform sex offender management decisions by supervising officers and treatment management professionals.

The Coding Rules (scoring guidelines) for the risk instruments define which sex offenders are eligible to be scored. Not all sex offenders are eligible to be scored on these tools. Generally, the Static-99R is used to score male offenders age 18 and over, but certain offenses do not qualify for scoring, and offenders who have been offense-free in the community for over 10 years may not qualify for scoring. The Juvenile Sexual Offense Recidivism Risk Assessment Tool-II (JSORRAT-II) is used to assess juvenile sex offenders if they are under 18 at the time of the risk assessment, when probation recommends placement at the state level (CDCR/Division of Juvenile Justice). The STABLE-2007/ACUTE-2007 are used to assess the same offenders as the Static-99R. The LS/CMI can be used to assess male and female offenders.

The Static-99 was revised in 2009 and became the Static-99R, so some offenders were scored on the earlier version of the instrument.

Each certified sex offender treatment program (see California Sex Offender Management Board (CASOMB)) must have at least one certified provider who has been trained by a SARATSO-approved trainer to score the dynamic (SRA-FV) and violence (LS/CMI) risk assessment instruments. Thus, when a certified program is run by a sole practitioner, that certified provider must have the required SARATSO-approved training. A program with multiple certified providers can elect to have only one person certified to do the scoring on these instruments.

The name of the risk assessment instrument, score, date scored, and risk level are posted for the static risk assessment tool, if an offender has a Static-99 or Static-99R score. If an offender who is posted in the full address category on Megan’s Law has been scored as high risk on the state risk assessment for measuring violence, the LS/CMI, the person’s risk level will be indicated.

Since there are no static risk instruments that include all the risk factors for sexual re-offense, the examination of additional risk factors, such as dynamic (changeable) risk factors will improve risk predictions. California uses dynamic and violence risk instruments that help improve predictive accuracy of risk of re-offense when considered together.

Static risk assessment (Static-99R) looks at unchanging factors in the offender's criminal history that predict risk. Dynamic and violence prediction instruments consider static as well as changing factors (e.g., mental health, substance abuse, employment, housing, relationship factors). Combining the scores on these risk instruments with the static score will improve the accuracy of risk predictions.

The Coding Rules (scoring guidelines) for the risk instruments define which sex offenders are eligible to be scored. Not all sex offenders are eligible to be scored on these tools. Generally, the Static-99R is used to score offenders age 18 and over, but certain offenses do not qualify for scoring, and offenders who have been offense-free in the community for a number of years may not qualify for scoring unless they commit a new sex offense. The JSORRAT-II is used to assess juvenile sex offenders if they are under 18 at the time of the risk assessment.



Registrant FAQ

Penal Code section 290.46 dictates the persons required to be displayed on the Megan’s Law Website. DOJ displays sex offenders on the Website in strict accordance with Penal Code section 290.46 and has no discretion to exclude offenders on a case by case basis. The offense for which you were registered, not the surrounding factual circumstances of the conviction, determine whether you will be posted, pursuant to Penal Code section 290.46 .

The State of California provides a free legislative repository of the laws and bills of the State. Click the following to access the California Legislative Information Website.

The California Department of Justice cannot provide legal advice to registered sex offenders on any matter pertaining to their registration status. If you need legal advice, please contact an attorney.

If you think that you should not be required to register as a sex offender in California, please contact an attorney or your local public defender’s office, who can work with you to address the issue with DOJ.

Certain registered sex offenders may be granted exclusion from the California Megan’s Law Website. You can find more information about applying for exclusion at the Office of Attorney General’s website, Sex Offender Registration and Exclusion Forms page .

DOJ provides an email service for the public and registrants to contact the registry with questions, concerns, or information. You can send an email to DOJ at meganslaw@doj.ca.gov

Pursuant to Penal Code section 290.46, subdivision (i) , persons required to register as a sex offender pursuant to Penal Code section 290 are prohibited from accessing the offender search functionality of the Megan’s Law Website. You may be prosecuted and face imprisonment in county jail and/or a fine of up to $1000 for accessing the offender search functionality of the website.

If you feel you are being harassed or threatened because of your status as a registered sex offender in California, immediately contact your local police department to report the situation.

Though DOJ cannot provide you legal advice on most topics, we do provide some general overview of additional laws that apply to sex offenders in California. You can access that information at the Additional Laws page. For more general information regarding when or where you have to register, please work with your local registering law enforcement agency or contact an attorney in your area.

You can find more information about applying for exclusion, campus registration, and other forms at the Office of Attorney General’s website, Sex Offender Registration and Exclusion Forms page.

The requirement to register cannot be terminated on the basis of a gubernatorial pardon unless the pardon is based on a finding of innocence. Certain eligible sex offender registrants can petition the court for termination from the duty to register. More information about Senate Bill (SB) 384 tiered registration and the petition process can be found at the Office of the Attorney General’s website, California Tiered Sex Offender Registration (SB 384) - Frequently Asked Questions for Registrants.