After resolving a registered sex offender moving out of Shores Landing in August, RSCA discovered another resident on the sex offender registry in September who subsequently moved several weeks later. Given Shores Landing’s proximity to a childcare center, the recent findings have raised valid questions to the legality of the situations amongst the Shores community – and we put together this guide to help navigate the complexities.

What does the law say? 

Megan’s Law: California’s Megan’s Law was enacted in 1996, mandating the California Department of Justice and permitting local law enforcement to notify the public about specified registered sex offenders found to be posing a risk to public safety (via California Sex and Arson Registry).

Before 2021, registered offenders stayed on the registry for a lifetime. Recent legislation (Senate Bill No. 284) transitions the lifetime requirement to a three-tier system that categorizes mandatory minimum registration periods based on the convicted crime’s severity.

Ranking	Crime(s) Convicted*	Mandatory Minimum Registration Period**
Tier I	Indecent exposure, misdemeanor sexual assault, sexual battery, misdemeanor possession of child pornography	Ten years
Tier II	Lewd acts with a minor, non-forced sodomy against a minor under 14	20 years
Tier III	Repeated offenses, rape, sex crimes against a child under ten, sex trafficking of a minor, felony sexual battery	Lifetime, or Risk Assessment Level – 20 years

*Not an exhaustive list.

** The minimum registration period begins on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense.

Beginning July 1, 2021, after an offender in Tier I or Tier II fulfills their mandatory minimum registration period. They may petition the superior court in their county of residence on or after their next birthday.

Jessica’s Law: As some of you may recall, California voters passed Proposition 83 in 2006 (also known as the Sexual Predator Punishment and Control Act: Jessica’s Law). The law’s key components established more extended penalties, required GPS monitoring while on parole, and prohibited all registered sex offenders living within 2,000 feet of a school or park.

In 2015, California’s Supreme Court ruled the law’s blanket housing restriction was unconstitutional. Their ruling states the law only applies to those released from custody after November 7, 2006, and must be determined based on an individual’s record as a probation or parole condition.

California Fair Employment and Housing Act (FEHA): The FEHA Act protects people from employment and housing discrimination based on protected characteristics, including race, color, national origin, religion, disability, sex, sexual orientation, gender identity, familial status, military/veteran status, and source(s) of income.

Although having a criminal history or conviction is not a protected characteristic under FEHA, other regulations protect prospective tenants’ rights by prohibiting landlords and housing providers from:

• Seeking, considering, using, or taking adverse action based on an arrest that does not lead to a conviction [2 CCR § 12269(a)(1)]
• Seeking, considering, using, or taking adverse action based on an arrest that has been sealed, dismissed, expunged, or otherwise rendered legally inoperative [2 CCR § 12269(a)(3)]
• Implementing a “blanket ban” or making statements indicating a categorical ban on anyone with a criminal record [2 CCR § 12269(a)(5)]
• Seeking, considering, using, or taking adverse action based on third-party databases which violate fair housing laws [2 CCR § 12269(c)]
• Searching criminal history beyond seven years (Cal. Civ. Code § 1785.13)
• Utilizing California’s Megan’s Law database to seek, consider, use, or take adverse action for housing or accommodations [Cal. Civ. Code § 290.46(l)(2)(G)]
• Considering criminal convictions that are not “directly-related,” meaning convictions that do not have a direct and specific negative bearing on a substantial, legitimate, and nondiscriminatory interest or purpose (i.e., safety of other residents, employees, or the property) [HUD Criminal Records Guidance]

What does the law mean in two situations at Shores Landing?

For the two former Shores Landing residents, they were released from incarceration in 2010 and 1991, respectively, putting them beyond the seven-year criminal history scope.

At the time this article was published, we do not have any information how MidPen Housing determined Jessica’s Law was inapplicable for the first individual. However, it’s worth noting the person’s most recent risk assessment on Megan’s Law indicated they were “below average risk.” Jessica’s Law is inapplicable for the second individual because they were released from incarceration before the law’s enactment.

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Shores Landing updates are included in The PILOT almost every month since it became operational.  Following are some related links to information shared about this facility.