HomeMy WebLinkAbout85A - SEXUAL PREDATORS
CITY OF SANTA ANA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
To:
Councilmember Claudia Alvarez
From:
Joseph W. Fletcher, City Attorney
Date:
March 31, 2006
Re:
Your letter of March 28-Child Safety Zoning Issues
Cc:
Mayor and Councilmembers, City Manager, Police Chief
Thank you for the heads-up regarding your 85A item for next Monday. I am working with Pat
Healy to develop agenda language broad enough to permit the Council take a wide array of
actions on the issues you want to address.
RC2istered Offender Data
My Office is working with the Police Department to compile the statistics you seek regarding the
number of registered sex offenders in Santa Ana, particularly the high-risk offenders who likely
would be targets of enhanced restrictions. The Chief will be making that available to you and the
Council.
Local Child Safety Zone Lee:islation
Our preliminary research on Child Safety Zone ordinances indicates that no such legislation h~s
been adopted in Orange County. The city of National City in San Diego County adopted an
ordinance in late 2005 (copy attached) making illegal for any registered sex offender to be on or
within three hundred feet of a sch()Ql, a child-care center, youth facility, video arcade,
pl~yground, park, or ~musem~llt center, They claim to be the first city in California to so. We
are continuing our research because we have indications that one or more Northern California
cities have adopted some form ofa safe-zone ordinance and at least one of those may be in
litigation. Various local regulations have been enacted around the country also. I will be
prepared to provide more information on those measures on Monday.
85A-1
State Measures
Initiatives: Elements of the Child Safety Zone concept are found in the "Jessica's Law"
initiative that is being reviewed by the Secretary of State for inclusion on the November ballot.
It is patterned after the Jessica's Law that was adopted by Florida in 2005. Besides enhancing
sentencing for high risk offenders, the California Jessica's Law would require GPS tracking of
certain high-risk offenders and restricts them from living within 2000 feet of schools and parks,
and other "child-oriented" locations designated by local governments.
Pending State Legislation: AB 50 has been introduced to, among other things; make it a
illegal for particular registered sex offenders or persons convicted of certain sex crimes from
being present on any school property, or street, sidewalk, or public walkway adjacent to any
school property. AB 96 adds a GPS tracking requirement certain high-risk sex offenders before
they are paroled. Both of these bills were approved by the Assembly and are being considered in
the State Senate. It is unknown whether they will become law before the Jessica's Law measure
is considered by the voters.
Next Steps
Consistent with my Council-endorsed policy on 85A matters, I will await direction following
Council debate before drafting any ordinance on this matter. In the meantime, I intend to be
well-versed on the legal issues that would confront Santa Ana if it seeks to adopt local sex
offender regulations so that the Council may give quality consideration to your proposal.
If you have any other questions or ideas on this subject, feel free to contact me.
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85A-2
City of National City Municipal Code
Chapter 10.63
SEX OFFENDERS PROXIMITY TO CHILDREN'S FACILITIES
10.63.010 Purpose. Sex offenders pose a clear threat to the children residing, or visiting in
our community. Because convicted sex offenders are more likely than any other type offender to
reoffend for another sexual assault, the City Council of the City of National City desires to
impose safety precautions in furtherance of the goal of protecting our children. The purpose of
this regulation is to reduce the potential risk of harm to children of our community by impacting
the ability for sex offenders to be in contact with unsuspecting children in locations that are
primarily designed for use by, or are primarily used by children, namely, the grounds of a public
or private school for children, a center or facility that provides day care or children's services, a
video arcade, a playground, park, or an amusement center. The City of National City desires to
add location restrictions to such offenders where the state law is silent.
10.63.020 Definitions.
A. "Sex Offender" means a person who has been required to register with a governmental
entity as a sex offender.
B. "Children" means those person's who are under the age of eighteen (18) years of age.
10.63.030 Prohibitions. A sex offender is prohibited from being on or within three hundred
feet (300') of a public or private school for children, a center or facility that provides day care or
children's services, a video arcade, a playground, park, or an amusement center. This
prohibition does not apply to a sex offender's place of residence when regulated by state law.
10.63.040 Violations. Any person violating this section is guilty ofa misdemeanor. A
misdemeanor is punishable by a fine up to one thousand dollars ($1,000) or by imprisonment for
up to one year, or both. The city attorney may reduce the violation to an infraction. An
infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first
violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation; (3) a fine
not exceeding five hundred dollars ($500) for each additional violation of this provision. A
person is guilty of a separate offense for each and every day during which a violation occurs.
3
85A-3
From: Walters, Paul
Sent: Friday, March 31,200611 :05 AM
To: Christensen, Angi; Fletcher, Joe; Arthur, Jill; Magallon, Becky
Subject: Council Request
Importance: High
, ~~;J
~c./' fv~ /I
~-(~
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,
Christensen, Angi
This following info is in response to Council member Alvarez's request:
1.The number of children residing in our city that have been reportedly sexually abused for the past three
years:
2003: 192
2004: 166
2005: 157
2.The number of registered sex offenders currently residing in our city:
There are currently 785-registered sex offenders in Santa Ana. Of this total 274 are currently in police
custody and an additional 228 have been deported to their country of origin. Leaving 383 active
registrants in the general community. Of the total registrants only six are high-risk offenders and of those
six, two are in custody for parole violations and warrants.
The City Attorney is answering the remaining questions.
Please let me know if you need any additional info.
Paul M. Walters
Chief of Police
3/3112006
85A-4
CAMPAIGN FOR
JESSICA'S lAW
CHilD SAFETY
~ P'te44tM Peu<<4~ & &,a,u,t Ad of 2q.06
Comparison of Current Law vs. Jessica's Law
Mandatorv Minimum Sentences for Child Molesters
Current Law: Jessica's Law:
· Sentences are 15 years to life for offenders
that rape a child under the age of 14. The
offender must be 10 years older than the
child. There is ambiguity in the law.
· Sentences are 25 years to life if an offender
commits a forcible sex act on either a child or
adult and has a prior convicted offense,
commits the offense with aggravated assault,
among a host of criteria that may be applied
as a factor. There is judicial discretion.
· Closes loopholes in current law and ensures
that California has a mandatory minimum of
15 years to life for any offender that rapes a
child under the age of 14. The offender must
be 7 years older than the child.
· For every convicted forcible sex act, the
offender will receive consecutive, full-term
sentences. (For example, if an offender
molests the same child three times, in the
span of several hours, the offender will
receive 45 years to life or 3 consecutive
sentences).
· Closes loopholes in California law by
eliminating judicial discretion which ensures
all offenders will be sentenced 25 years to
life.
· Adds the crime of burglary with the intent to
commit a forcible sex crime to the mandatory
minimum sentencing of life with the
possibility of parole.
Current Law:
· Allows sex offenders to reduce their prison
terms through the use of "good-time credits."
· Eliminates the use of "good-time credits"
for violent sex offenders, ensuring that they
serve a full 15 to 25 years before being
considered for parole on their life crime.
85A-5
Current Law:
GPS Trackin1!
Jessica's Law:
. Permits the state to use GPS tracking as a
condition of parole for convicted sex
offenders.
. Requires registered sex offenders released
on parole to be placed on a GPS tracking
system for life.
· Requires offenders to pay for their own GPS
equipment, if they are financially able.
Current Law:
Predator-Free Zone
Jessica's Law:
· Prohibits some offenders convicted of lewd
and lascivious conduct against a child from
living within one-quarter mile (1320 ft.) ofa
school, for the duration of their parole.
· Prohibits all registered sex offenders from
living within 2000 ft. of a school or park, for
the duration of their registration.
· Allows local governments to include
additional sites they deem appropriate, such
as children's museums or water parks.
Current Law:
"Sexuall Violent Predators"
Jessica's Law:
· Requires two offenses before a predator
can be classified as "sexually violent."
· "Sexually Violent Predators (SVP's)"
may be civilly committed to a state hospital
for a two year term. District Attorneys
may file a new petition every two years
demonstrating the offender is still a danger.
· SVP's may run their parole time out
while civilly committed, leaving no parole
.urisdiction u on release.
· Allows for an offender to be evaluated as a
sexually violent predator after one crime, rather
than waiting for a second victim.
· Allows for indefinite commitment to a state
hospital (like other states with an SVP program)
until the SVP can prove to a court they no
longer fit the criteria.
· Requires SVP's parole period to toll while in
the state hospital so they serve their parole time
after dischar e.
85A-6
Current Law:
. Possession of child pornography is a
misdemeanor.
. Possession of child pornography is a wobbler
(alternate misdemeanor/felony).
. Possession of child pornography is a felony
if the offender has a prior conviction of a sex
offense.
Current Law:
Internet Lurin1!
Jessica's Law:
. Current law is incomplete in addressing this
problem because it waits for direct harm to
occur before criminal penalties can be
attached.
. Law enforcement attempts to go undercover
to capture internet predators are often
disallowed by the courts because of loopholes
in California law.
· Specifically prohibits any contact or
communication with a minor for the purpose
of engaging in sexual conduct or abuse.
· Closes loopholes by allowing law
enforcement to act as decoys in order to
engage and capture internet predators.
Current Law:
· Imposes an additional three-year prison
term for persons who force the use of
specified controlled substances in the
commission of a felony.
· Imposes an additional five-year prison term
for persons who use specified controlled
substances (i.e. date rape drugs) in the
commission of specified sexual crimes, such
as ra e.
Current Law:
Increase Parole Terms and Fines
Jessica's Law:
· Provides for parole terms from 3-5 years for
various sex offenses.
· Provides for parole terms of up to 10 years
for the most heinous sex offenses.
· Increases various fines and enalties.
85A-7
From: Walters, Paul
Sent: Friday, March 31,2006 11 :05 AM
To: Christensen, Angi; Fletcher, Joe; Arthur, Jill; Magallon, Becky
Subject: Council Request
Importance: High
, ~~;J
~c/' rvU< /1
~-(~
t
,
Christensen, Angi
This following info is in response to Council member Alvarez's request:
1.The number of children residing in our city that have been reportedly sexually abused for the past three
years:
2003: 192
2004: 166
2005: 157
2.The number of registered sex offenders currently residing in our city:
There are currently 785-registered sex offenders in Santa Ana. Of this total 274 are currently in police
custody and an additional 228 have been deported to their country of origin. Leaving 383 active
registrants in the general community. Of the total registrants only six are high-risk offenders and of those
six, two are in custody for parole violations and warrants.
The City Attorney is answering the remaining questions.
Please let me know if you need any additional info.
Paul M. Walters
Chief of Police
3/31/2006
85A-8