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California Penal Code Section 646.92

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 646.92

(a) The Department of Corrections, county sheriff, or
director of the local department of corrections shall give notice not
less than 15 days prior to the release from the state prison or a
county jail of any person who is convicted of violating Section 646.9
or convicted of a felony offense involving domestic violence, as
defined in Section 6211 of the Family Code, or any change in the
parole status or relevant change in the parole location of the
convicted person, or if the convicted person absconds from
supervision while on parole, to any person the court identifies as a
victim of the offense, a family member of the victim, or a witness to
the offense by telephone and certified mail at his or her last known
address, upon request.  A victim, family member, or witness shall
keep the Department of Corrections or county sheriff informed of his
or her current mailing address and telephone number to be entitled to
receive notice.  A victim may designate another person for the
purpose of receiving notification.  The Department of Corrections,
county sheriff, or director of the local department of corrections,
shall make reasonable attempts to locate a person who has requested
notification but whose address and telephone number are incorrect or
not current.  However, the duty to keep the Department of Corrections
or county sheriff informed of a current mailing address and
telephone number shall remain with the victim.
    Following notification by the department pursuant to Section
3058.61, in the event the victim had not originally requested
notification under this section, the  sheriff or the chief of police,
as appropriate, shall make an attempt to  advise the victim or, if
the victim is a minor, the parent or guardian of the victim, of the
victim's right to notification under this section.
   (b) All information relating to any person who receives notice
under this section shall remain confidential and shall not be made
available to the person convicted of violating this section.
   (c) For purposes of this section, "release" includes a release
from the state prison or a county jail because time has been served,
a release from the state prison or a county jail to parole or
probation supervision, or an escape from an institution or reentry
facility.
   (d) The Department of Corrections or county sheriff shall give
notice of an escape from an institution or reentry facility of any
person convicted of violating Section 646.9 or convicted of a felony
offense involving domestic violence, as defined in Section 6211 of
the Family Code, to the notice recipients described in subdivision
(a).
   (e) Substantial compliance satisfies the notification requirements
of subdivision (a).

Last modified: January 12, 2009