HomeMy WebLinkAboutPOWERPOINT SEX OFFENDER RESIDENCY1 • •
a At the September 21, 2010, City Council
meeting, staff was asked to work with the City
Attorney to propose city ordinances regulating
the residency of registered sex offenders.
a The U.S. Department of Justice released a
report stating: When compared to non -sex
offenders, sex offenders were four times (4x)
more likely to be rearrested for a new sex
crime.
Sex Offenders, Existing Law
o P.C. 290, the Sex Offender Registration Act, requires
convicted sex offenders to register with the local law
enforcement agency where they reside.
o For more than 50 years, California has required sex
offenders to register; however, the information was not
made available to the public until more recently.
o Megan's Law (1996) provides the public with web -
based, residency information about sex offenders, so
that members of local communities can protect
themselves and their children.
Sex Offenders, Existing Law
El November 7, 2006 — California voters
overwhelmingly approved Proposition 83,
commonly known as "Jessica's Law."
a The law is named after Jessica Lunsford, a
young Florida girl who was raped and
murdered in February 2005 by a previously
convicted sex offender.
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a Prohibits registered sex offenders from residing
within 2000 feet of a school or park.
a Mandates Global Position Satellite (GPS)
supervision for life.
a Increases the penalties for certain sex
offenses.
a Further defines "Sexually Violent Predator,"
allowing for certain sex offenders to be
evaluated by the Department of Mental Health
and held longer on a civil commitment.
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a Jessica's Law, P.C. 3003.5(c) - "Nothing in this
section shall prohibit municipal jurisdictions
from enacting local ordinances that further
restrict the residency of any person for whom
registration is required pursuant to section
290.,,
a This means the City of Tustin may enact
municipal codes related to sex offenders and
residency restrictions that are stricter than
Jessica's Law itself.
What Our Neighbors Are Doing
a Recently the cities of Orange, Fullerton and
Seal Beach have implemented sex offender
residency and loitering ordinances that follow,
but are more restrictive than Jessica's Law.
a Agencies in Riverside, San Bernardino and
San Diego counties have implemented similar
ordinances.
a Failure to enact local ordinances places cities
at risk of having additional registered sex
offenders pushed into their city.
'.F7,roposed Tustin Ordinance
Residential Exclusion Zone
a Prohibits any registered sex offender from residing
in a "Residential Exclusion Zone."
o Residential Exclusion Zone -Any area located
within 2000 feet of a school, day care center or
park.
o Prohibits any sex offender from moving into the
Residential Exclusion Zone after enactment of the
ordinance.
o Grandfather clause -Those sex offenders who
already have established residency prior to
enactment of the ordinance will not have to
relocate.
.!!�roposed Tustin Ordinance
Child Safety Zone
a Prohibits registered sex offenders from loitering
in a "Child Safety Zone."
a Child Safety Zone — 300 feet from any school,
day care facility, park, commercial
establishment focused on providing goods or
services to children, or qualified community
events.
a Qualified community events include Tustin
Tiller Days, Tustin Street Fair, Dinosaur Dash.
a Loitering is defined as delay, linger or idle
without a lawful purpose.
..,aptoposed Tustin Ordinance
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a Prohibits more than one registered sex
offender from living together in the same
residence or multi -family dwelling unless
related by blood or marriage.
a Prohibits the owner or responsible person for
the residence or multi -family dwelling from
knowingly renting to, or allowing more than one
registered sex offender to occupy the
residence.
1p,,roposed Tustin Ordinance
a Prohibits more than one registered sex
offender from staying at the same hotel/motel
unless related by blood or marriage.
a Prohibits the person(s) responsible for the hotel
or motel from knowingly allowing two or more
registered sex offenders to occupy guest
rooms at the hotel/motel.
Proposed Tustin Ordinance
Criminal Penalty/Other Remedies
o Violations could result in misdemeanor or
infraction filing, handled by the City Attorney.
a Violations could also be handled through civil
or administrative proceedings.
Proposed Tustin Ordinance
City/Police Responsibilities
a City Clerk shall maintain as a public record and
post on the City website a map that graphically
identifies each "Residential Exclusion Zone"
and "Child Safety Zone' in the City.
a Police Department shall provide notice of
qualified community events and corresponding
"Child Safety Zone" maps in the station lobby,
on the City and Police websites, and with the
County Probation and State Parole Offices.
Proposed Tustin Ordinance
City/Police Responsibilities
a The City shall provide public notice of the
adoption of the ordinance, and deliver certified
copies of the ordinance to the County
Probation Department, to State Parole, and to
other agencies that interact with sex offenders.
a The Chief of Police shall establish and maintain
written policies, procedures and guidelines as
to the City's enforcement protocol.
Questions