REGION: Jessica's Law faces hurdles
Higher costs, tough residency restrictions among concerns
By TERI FIGUEROA - Staff Writers | ∞
A state law designed to protect children from molesters is running into hurdles, slowing officials from enacting some of its components and leading to some unintended consequences.
Tough housing restrictions, skyrocketing costs of evaluating the risks that sex offenders could be repeat predators, and the potential for less monitoring time for parolees in the community have some officials concerned.
"This particular law has a lot of unintended consequences, and those may have such a weight that the intended consequences will suffer," said Heather Dauler of the San Diego Sex Offender Management Council.
Jessica's Law, which California voters passed with 70 percent approval in 2006, requires tough punishment of people who commit sex crimes against children. It requires longer sentences, lifelong electronic monitoring and it mandates tougher restrictions on where registered offenders can live.
It also requires larger numbers of convicted sex offenders be screened to determine if they should be among the few people designated as sexually violent predators.
Costs up
Since Jessica's Law when into effect, on Nov. 8, 2006, the number of prisoners screened as potential sexually violent predators has skyrocketed ---- from 50 a month to about 700 a month, according to state officials. The screening costs about $7,000 per person.
A sexually violent predator is a convicted criminal who has been deemed a threat to commit more sex crimes if released into the community.
Jessica's Law targets all registered sex offenders ---- people who, as a condition of their punishment for a sex-related crime, are forced to register their addresses with local police.
The registry includes not just child molesters and rapists, but people convicted of crimes such as indecent exposure or the unwanted fondling of another.
Before Jessica's Law was passed, state law required that a sex offender have more than one victim and have committed one of nine particular crimes to be evaluated as a possible sexually violent predator.
The number of crimes that force the screening also has jumped under Jessica's Law.
The new law states that one victim is enough to force an evaluation, and it increased the types of sex crimes that call for evaluation from nine to 35.
To be declared a sexually violent predator, Jessica's Law requires a convicted sex offender to be diagnosed with a mental disorder that makes him or her a danger to others and likely to engage in predatory behavior.
Those given the label are committed and treated for an indefinite amount of time at a mental hospital. In California last week, 588 people were listed as having the designation.
The additional screening to ferret out sexually violent predators comes at a cost. Last year, the state spent $27 million on the evaluations ---- up from $3 million a year before the law, a state Department of Health spokeswoman said.
Community protection
Less than 18 months into the newly required boost in intensive screenings, it's too early to see if there are more people being deemed sexual predators, said Nancy Kincaid, spokeswoman for the state's Department of Mental Health, which handles the screening.
Before Jessica's Law, about half of those screened were found to be predators, she said.
Now, with thousands more people required by law to be evaluated, mental health professionals are finding only 7 percent to 10 percent of the people they look at should be deemed as sexually violent predators.
Dauler, of the sex offender management council, said the wider net is not a bad requirement.
"The question is do you want to wait for a second victim to evaluate someone?" Dauler said.
The parole process for people tapped to undergo the screening is also raising a few concerns about just when that parole clock starts ticking.
Some of the inmates are evaluated at a state mental hospital upon release from prison, officials said. And that process can take months, reducing time left on the parole clock when they are back in the community.
"It is time wasted," said Santa Clara County prosecutor James Cahan, who is working with the Legislature to change the law to get the parole clock to stop during the screening process. "Parole is for community protection."
Telling parolees to move
The one piece of Jessica's Law that gets the most attention is a prohibition that keeps registered sex offenders from living within 2,000 feet of a school or park.
Soon after the law passed, four parolees sued over the residency restrictions, and the California Supreme Court agreed to look at the case.
San Diego County's Probation Department, based on advice from county lawyers, is waiting for the court ruling before it tells any of the 64 sexually violent predators it monitors to relocate, said department spokesman Derryl Acosta.
"If the law is not upheld, we could be liable" for forcing people to move, Acosta said. "County counsel has advised us to wait, and while we are waiting we take some criticism."
State parole officials aren't waiting.
Probation differs from parole and is associated with people who received up to a year in jail for their crimes. Any sentence over a year will land most people in prison ---- and eventually under the purview of parole officers.
Last summer, parole officers across the state discovered that, under Jessica's Law, about 2,500 parolees were living to close to schools or parks.
Officers began telling the parolees they had 45 days to move, said Gordon Hinkle, the spokesman for the California Department of Corrections and Rehabilitation.
It may have forced some onto the streets.
With the tighter laws, the number of sex offenders who register as transients is up, now at about 3,000 in the state, said Suzanne Brown-McBride, the executive director of the statewide Sex Offender Management Board.
"Certainly, we are concerned with the transient numbers," Brown-McBride said.
The changes in the laws also have registered sex offenders concerned, said Barbara Barrett, who counsels probationers who got into trouble for failing to register as sex offenders.
"It's the low- and medium-risk people that are really being affected by Jessica's Law," Barrett said. "They are scared to death. Some of them know they have to move. Some of them can't get jobs."
Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com. Comment at nctimes.com.
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Who cares wrote on Mar 31, 2008 7:29 AM:what happens to the perverts? Hell is busy constructing cells and pits for these pervs.
DEDIC760 wrote on Mar 31, 2008 8:54 AM:As much as I hate Taxes. I suggest that we all chip in a little more each year and simply lock them away forever. This way, they wont have a hard time finding a place to house them. We will all be safer this way. Sounds easy to me. 25 to life!!!!
Stephanie wrote on Mar 31, 2008 9:15 AM:We should all care since this money is coming from education and human services which are ways to prevent crime. Other states have found their versions of Jessica's law to be unconstitutional and unworkable. The Bureau of Justice Reports that 90% or more of child molestation cases happen within the circle of family and friends.
At least 40% of these child molesters are under the age of 18, meaning that they aren't molesters at all. Teen sex has now become a criminal act. Thank the Republican politicians for our police state. This law destroys more kids than it will ever protect - over one million women and children facing homelessness and a brand for life with a scarlet letter.
It's primitive, it's destructive, it was put into place by enforcement labor unions to keep fresh humans coming into stock the prisons for a profit
ObSERVER wrote on Mar 31, 2008 10:11 AM:Who cares if they are "scared to death."... How about the parents who are scared every day that these monsters are out there looking for their kids? Build a big prison in the desert and lock em all up out there never to be seen again. Better yet, give 'em all the death penalty and that will stop the repeat offenders.
Dave wrote on Mar 31, 2008 1:23 PM:Stephanie, I think you should check your info. Even if it is a relative who molests a child, I don't want them near my kids. You may say that Repulicans are destroying kids, but the liberals are essentially giving the rights of victims away.
This can be solved NOW wrote on Mar 31, 2008 1:44 PM:put the offenders in the general prision population.
2008TeaParty wrote on Mar 31, 2008 2:58 PM:Dave, you don't seem to read more than what you want to read. Part of this article also said:
"The registry includes not just child molesters and rapists, but people convicted of crimes such as indecent exposure or the unwanted fondling of another."
The registry also includes the 19 year old boy who had sex with his 17 year old girlfriend. Hell yes these people should be scared to death - and this broad stroke of law should be changed. When it was voted on it was meant for child predators and that's who should fall under this law.
2008TeaParty wrote on Mar 31, 2008 3:32 PM:This blanket law should apply to the child predators as it was presented to the public - not everyone who has to register as a sex offender - that could be an 18 year old boy who had sex with his 17 year old girlfriend.
Thay made this a one size fits all law and that was NOT how it was given to the public.
Alf wrote on Mar 31, 2008 4:31 PM:Well, all you emotion-laden folks, FIRST you must read, understand and abide by the Constitution! If you think "To hell with that pervert's rights, you are also saying "To hell with MY rights and the rights of everyone". Then you must pass laws changing sentencing guidelines that are within the limits of the Constitution! Prop. 83 (Jessica's Law) was poorly thought out, poorly written and presented to the public to gain votes for "tough on crime" candidates for office who knew, before it ever went to the people, that it contained un-Constitutional parts and that it was loaded with "fatal flaws". Try using your brain and not your emotion and fear that these politicians keep stirring up FOR THEIR GAIN, NOT YOUR SAFETY OR THE SAFETY OF YOUR CHILDREN. Regards, Alf.
eileen wrote on Mar 31, 2008 7:00 PM:soon we will have websites for people who get a speeding tickets to have to register. you will have a label of attempting to kill children by speeding.the money spent on enacting these laws is sick. instead of having the government waste more tax payers money how about becoming a real parent and monitor your own children.
Lee wrote on Apr 1, 2008 2:44 AM:Ask anyone in local law enforcement -- most child victims of sexual assault were victimized by someone they know (family member, family friend, etc.), not by a registered sex offender who happened to live near a school or park. Jessica's Law does not make us safer.
rabidgrizzlee wrote on Apr 1, 2008 9:20 AM:Residency laws don't work (Iowa County Attorney's Association)
...
Most child victims are assaulted by family, relatives, or someone they trust (US Dept.of Justice)
http://www.ojp.usdoj.gov/bjs/pub/pdf/crv92.pdf
Recidivism Rates for Sex Offenders are NOT 90% (U.S. Department of Justice)http://www.ojp.usdoj.gov/bjs/abstract/rpr94.htm
It seems that the public has been fed a bill of goods regarding this issue. The proof is in the pudding. Did the Runners use any of this data? Or just prey upon public ignorance in order to get their bill passed?
FedUP wrote on Apr 1, 2008 10:18 AM:It really sickens me to see so much garbage posted. If you are going to comment on an article then get your facts straight. Stephanie is right. The 90% that people throw around are NOT recidivism rates, they the percentage of sex offenses that happen within your OWN family! Stranger danger is only less than 1% of all sex offenses. The laws stink and are based on Fear and Political gain of those who ride the Fear train of the backs of the people. I would rather live next door to a Sex Offender than a Meth house or a crack house or a drunk driver. Then and only then do I know what to watch out for. CA is already so far in debt we cant see the forest for the trees and now they spend even more for stupid laws that DO NOT protect our children. Go CA....
gulfstream wrote on Apr 1, 2008 10:42 AM:It seems after reviewing the DOJ data that a child has much more to fear in their own home than from that nasty SO that lives two blocks over. Why aren't we hearing this from the media or the politicians? What do they hide this for?
another mom wrote on Apr 1, 2008 5:24 PM:these sex offender laws have went way out of control.. I am all for the ones that harm children, but the ones that are haveing consentual sex with another teen should not be put on the same level..It is wrong to many young teens lives are be ruined..
Michael wrote on Apr 1, 2008 6:28 PM:The best way to protect our children is to work on preventing mental illness and make sure they are supervised after school. Tens of thousands of children are now destroyed by these laws based on lies. They are put into place by the politicians bought by law enforcement labor unions to keep the prison industry bringing in more people to fill the prisons. Register 20 people to vote against every Republican politician. Check their voting records, they are doing more harm to the public safety than good. Follow the money trail of who funded their campaigns. It is very clear
CA Voter wrote on Apr 1, 2008 9:43 PM:It pisses me off to see such ignorant posts from idiots that think these sex offender laws such as Prop 83 would "keep children safe." Great job CA, now you have 3,000 sex offenders listed as homeless because they were forced to move...now do you and your children feel safe?
This "sex offender" title is such a joke, especially when it comes to crimes such as indecent exposure, or an 18 year old girl having consentual sex with a 17 year old boy.
It's very sad to hear some of you say you'd rather give them 25 years to life then having them on the streets. When your child is getting a half ass education, you have your self to thank for wanting to house more people in prison vs. spending that money on education!
teedoff wrote on Apr 4, 2008 7:58 PM:We will see how you parents who are so concerned about sex offenders in your proximity feel when you kids are teens and find their butts in prison for doing what kids have been doing since time began. Then we'll hear you howl about how unfair the laws are, and it has an excellent chance of happening.
Nicholas wrote on Apr 6, 2008 1:05 AM:I was 19 and she was 13. We kissed and I didn't have a problem admitting it. It's been a living nightmare since. Now I'm labeled a child molester and with the new law that passed (passed by morons) I am not wearing a GPS tracking bracelet. Aside from what we'll all be hearing about what's not good about the laws... try this one. The moment your children gets caught up in the system like this, is the day you will want the laws changed. I'm sorry, but i don't know of a single person who hasn't fooled around when they were young. It just takes kissing cousins to end up as another teen on Megans Law website and then on top, further restrictions for LIFE under Jessica's Law.
Mica wrote on Apr 6, 2008 12:29 PM:I have to second those who take an objective viewpoint to this law. It's an abdomination, and it's not targetting just those it was intended to target - child predators - but everyone on Megan's List. Tell me, those who would have people do 25 to life, do you think someone who peed in the alleyway because they couldn't wait to get home deserves 25 to life? Or your 18 year old son who has sex with this 17 year old girlfriend? Is that who this destructive bill should target? Well you say, you didn't mean them! Well, govt. officials say, yes, them, too. Now go visit your 18 year old son in prison for the next 25 years and say you still support Jessica's Law.
I am a teacher by profession and it really scares me to think of some of my students getting caught up in this. Of course, they think with their hormones, not their brains, until it's too late.
What a travesty!
dontmindme wrote on Apr 9, 2008 10:45 AM:I have found that many of you people are clouded by the scare tactics the media and politicians have given you.
You shall not know who I am, but I am a registered Sex Offender who was convicted of a Misdemeanor Sex Offense over 10 years ago. Back then was a grave mistake I have made & will pay for the rest of my days with lifetime registration and persecution of others like you. If I have forgiven myself and have forgiveness from my "vics", then G-d can forgive me also. Why can't You? I have a Loving Fiance who is aware of my legalities and will also allow me to have her children. Not just to prove to myself I am rehabilitated, but to you as well. Not every sex offender is a predator & shouldnt be treated as such. I can forgive all of those who commented on this site for blanketing me as well, and at the same, ask you to ask G-d for forgiveness. Judge Not my friends. Its a pity how the politicians and media have turned you all into a cage full of scared little mice.
Anne wrote on Apr 25, 2008 9:14 AM:Since offenders are made to live 2000 feet from a school, am I right to assume that a child molester will not walk the extra one foot to molest? Until you actually read the regulations put on these so called offenders can you begin to realize the ridiculness of Jessica's law. When you thought your children would be safer, you were sold a bag of lies. The re-offense rate of the majority of sex offenders is for parole violations, not for a new sex crime. My son can be carted back to jail for being in my house while there is a toy in the house. Now this is a 26 yr old who had sex with a 16yr old who claimed to be 18 and picked HIM up at a liquor store. It does not make him blameless but he has paid his price. 4 years in prison. Now with the list of rules, it is going to be a daily struggle to not break one. Oh yeah, I forgot about not "being around household pets". ????? What do you think happens to these offenders who now want to move on with their lives, but cannot find a job, a place to live, cannot date, they end up on the street and pretty soon, they don't care. If another guy finds himself in the same situation, what is he to do? Kill the 16 yr old so she can't change her mind and blame him the next day? The megans website is being diluted as we add more and more of these offenders on it. You no longer know who is truly a child molester and who got caught up in the web of lies created by a rejected wife, girlfriend, or neighbor. There is no defense for a sex crime. If you think it is all like CSI, you're mistaken. They overcharge you to the point that you have to take a plea bargain because you know no jury will believe you didn't do all those things the DA is telling them. So they will throw half out and convict you on the other half and go home and think they did a good job. No way will they know that they have created a victim out of the so called prediator. While all child molesters are sex offenders, not all sex offenders, as defined by law, are child molesters. The only person that can keep your child safe is you, the parent. To expect the government to do your job for you is ridiculous. Teenagers are having sex as much if not more than they did in the free love era of the 60-70's. The only difference now is that the female can change her mind the next day and holler rape. Or too drunk to have consented. This is the majority of the sex offenders currently in prison. Check out the San Diego Sheriff's department and look up those being held for rape. The majority of the 80-90 of them in county jail are in their 20's. Do you really believe that we have a whole generation of guys who go out and rape routinely? No, they are caught in the web of lies that have been created by the woman's movement and the politically correct attitude that says a woman is a victim, no matter what part she played in it. If you think you get your say in court and that the truth will prevail, you have never been in a court except maybe in front of your tv.
The police, the DA, the "victim", non of them are REQUIRED to tell the truth. You assume they will, but guess what, they lie, just like you do on you tax return. It's all about statistics to make it look as if they are curbing crime. Instead, they are creating an atmosphere of false security that is sending more and more guys to jail that do not belong in jail. An axe murderer can move in next door to me, but my son cannot live here. An axe murderer can live next to your grade school but not a guy who got caught up in a night of drunken passion.
I could go on and on but those close minded of you will never believe it until you or one of your friends or family is caught up in the witch hunt for sex offenders in the hope that you will feel safe when you let your child walk to school alone because you are too lazy to get up and do it. Now the sex offender, GPS'd or not, is roaming the street, living in RV's in parking lots because that is the only option left for them. While your child is on a field trip, walking through the grocery store, that is when the child molester will strike. The GPS cannot stop a crime. By the time the authorities get there, bingo, it's over. Now, don't you feel safe in you glass house?
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