Sometimes. California’s co-residence rule depends on whether either person is on parole after serving a state-prison term for an offense requiring sex-offender registration. During that parole, the person generally cannot live in the same single family dwelling as another person who must register, even if the second person is not on parole. The statute makes an exception when the two are legally related by blood, marriage, or adoption, and it excludes a qualifying residential facility serving six or fewer people from its definition of a single family dwelling. If neither person meets the statute’s parole trigger, registration alone does not impose that particular co-residence ban. Each person’s other supervision conditions and the actual proposed home still need review. (Penal Code §3003.5(a))
Check both people’s status before deciding
| Situation | What §3003.5(a) means |
|---|---|
| At least one person is on parole after a state-prison term for an offense requiring registration, and the other is also currently required to register | The parolee cannot reside with the other registrant in a single family dwelling during parole unless they are legally related by blood, marriage, or adoption, or the proposed residence fits the statute’s residential-facility exclusion. The other person’s parole status is not required for the restriction to apply. |
| Both must register, but neither meets that parole trigger | Section 3003.5(a) does not by itself prohibit their sharing a home. Read each person’s signed probation, parole, or other applicable supervision conditions and check the law for the actual location before treating the home as permitted. |
| A qualifying parolee’s parole period has ended | The co-residence restriction in subdivision (a) is limited to the parole period. Confirm the end date and any other current orders; continuing registration has its own duties. |
The controlling questions are the actual state-prison commitment and parole status, whether both people currently must register under Penal Code §290, and what sort of residence they propose. Being described as a “sex offender” does not answer any of those questions. The state’s CDCR Operations Manual, §81022.9(e), applies the co-residence rule even when the second registrant is not on parole.
Does an apartment, hotel room, or group home change the answer?
Do not assume “single family dwelling” means only a detached house. CDCR’s §81022.9(e) treats a unit or room intended for one family as a dwelling, including a self-contained apartment or a unit in a hotel, motel, or mobile-home park. Two registrants renting one apartment can therefore face the same co-residence question as two people renting a house.
Penal Code §3003.5(a) separately says a residential facility serving six or fewer people is outside that single family dwelling definition. CDCR’s §81022.9(f) sets out facility categories and criteria, including program and service requirements for some unlicensed or transitional facilities. A landlord’s “group home” label, a shared kitchen, or six bedrooms alone does not establish that this exclusion applies. Bring the facility’s license, program and occupancy documents to the parole agent or counsel for a specific review. The statute’s legal-family exception is also precise: it lists blood, marriage, and adoption, so another personal relationship alone should not be treated as an exception. (§3003.5(a))
What to do before moving in
- Obtain both people’s current registration status and the proposed unit’s full address. Check the parolee’s commitment offense, state-prison release and parole dates, plus both people’s signed supervision orders and amendments.
- If relying on the family exception, keep documents establishing the legal relationship. If relying on the facility exclusion, obtain the facility’s actual license or program records and occupancy details. Do not rely on its advertisement alone.
- If either person is a registrant on parole, give the proposed address to the parole agent before moving. CDCR’s §81022.9(b) says the agent must verify that the residence complies with law and special parole conditions before the person may reside there. Ask for the decision and applicable written conditions; silence is not address approval.
- Treat registration updates as a separate step. Penal Code §290(b) governs registration in the new jurisdiction, and §290.013 governs notice to the last registering agency after a move. The California move-notice guide explains those duties in more detail.
A home can also raise a separate school or park distance issue, or a city-specific rule; the co-residence exception does not decide those questions. (Penal Code §3003.5(b)–(c)) Check the actual address and current conditions rather than assuming that approval on one issue approves every aspect of the move.
If a proposed shared home has led to a California parole or criminal residency dispute, the Law Offices of David S. Chesley can discuss the relevant case papers and conditions. Call (800) 755-5174.