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REMEDIES FOR SEX OFFENDERS WHO WISH TO GO INTO PARKS There are ways to balance protection of children and providing relief to registrants with unusual circumstances. There are three ways a registered sex offender can be granted permission to enter parks. Certificate of rehabilitation Under Penal Code 290.5, which in concert with Penal Code 4852.01, certain 290 registrants can apply to a court fora certificate of rehabilitation. Upon a court finding, a registrant may be relieved of the duty to register under section 290. This alleviates the concern that the park ordinance might affect a 290 registrant whose offense was relatively "minor" and claims he no longer poses a threat to society. The court is in a better position to determine if a certain individual no longer poses a threat to the community rather than a legislative body giving a general exemption to a class of offenders without knowing their individual threat assessment. Exemption from law enforcement Second, law enforcement is in a better position to grant permission to enter a park on a case- by-case basis as it has the resources to investigate and the knowledge and experience to gauge a sex offender's threat assessment. For example, a gardener who works on a maintenance crew at a park every Tuesday from 9:00 a.m. to 10:00 a.m. could get permission from the city's police chief to be at the park during the specified time. The sex offender need not be a resident of the city and local law enforcement are notified of the presence of a sex offender. More inclusive ordinance Third, the OCDA does not see any rationale to limit the ordinance to those whose offense was against a child victim. If, however, Santa Ana wishes to limit the sex offender ordinance, the OCDA feels that more 290 registrants should be included than is currently proposed. At a minimum, the ordinance should include: (1) 290 registrants whose offense was a felony; (2) 290 registrants whose offense involved someone under the age of 1 8; (2) 290 registrants who violated the following Penal Code sections, whether a misdemeanor or a felony and regardless of the victim's age: (a) Any section listed in Chapter 7.5 (crimes involving obscene matter, including child pornography}; and (b) Sections 207 (kidnapping), 220 (fiorcible and/or in concert or assault with intent to commit rape, sodomy, oral copulation, lewd acts upon a child or penetration), 261 (rape), 264 (rape), 286 (sodomy), 288 (lewd acts upon a child), 288a (oral copulation of a minor), 288.2 (sending harmful material to a minor with sexual intent), 288.3 (contacting a minor to commit forcible kidnapping or kidnapping for ransom, rape, child endangerment, sodomy, lewd acts upon a child, oral copulation of a minor, forcible sexual penetration, possession of child pornography), 288.5 (continuous sexual abuse of a child), 289 (forcible sexual penetration), 314 (indecent exposure), and 647.6 (child annoyance). 15 50A-31