HomeMy WebLinkAboutCC AG PKT 2012-02-27 #GSUMMARY OF REQUEST:
BACKGROUND AND ANALYSIS:
Registration of Convicted Sex Offenders
AGENDA STAFF REPORT
DATE: February 27, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Robert M. Luman, Chief of Police
SUBJECT: SEX OFFENDER ORDINANCE - CHILD SAFETY ZONE
That the City Council approve introduction and first reading of Ordinance No.
1615 adding Chapter 7.70 to the City of Seal Beach Municipal Code which
establishes city parks, beaches, jetties and piers, and adjacent city owned or
leased parking lots in the City of Seal Beach as Child Safety Zones, prohibiting
registered sex offenders from being inside the parks or on a beach, jetty or pier,
or adjacent city owned or leased parking lots.
In 1994, the United States Congress adopted the Jacob Wetterling Crimes
Against Children and Sexually Violent Offender Registration Act of 1994
(Wetterling Act) to require individuals convicted of a criminal offense against a
child or who are convicted of a sexually violent offense to register their current
address with a designated law enforcement authority. In 1996, the Lynchner
Tracking and Identification Act was enacted to establish a national database to
allow the Federal Bureau of Investigation (FBI) to track sex offenders convicted
of crimes against children. The law also mandated the FBI to notify state
agencies when a sex offender registrant moves to another state.
In California, convicted sex offenders have been required to register with the
state since 1947. The registration process was virtually unchanged until the mid -
1990s. Presently, convicted sex offenders are required to update their
registration at least annually to provide continued detailed information as part of
the registration process. The requirements as specified in Penal Code Section
290 et seq. are designed to inform law enforcement agencies and the public as
to the locations or residences of registered sex offenders. Upon release from jail,
state prison or completion of any alternative sentence, convicted sex offenders
are required to register within five working days of moving into any agency's
jurisdiction. Sex offenders are also required to report name changes or
Agenda Item G
residence address changes within five working days. Sex offenders who have no
residence address are considered "transient" and are required to update their
registration every 30 days. Lastly, sex offenders convicted in a federal or military
court, or in any court outside of California for sex offenses that would require
registration in that jurisdiction, are also required to register if they enter
California.
Sex Offender Databases
Wetterling Act. The Wetterling Act is a federal law that requires states to
implement a sex offender and crimes against children registry. Specifically, the
Wetterling Act requires each state and territory in the United States to establish
rigorous registration requirements for convicted sex offenders including crimes
against children.
Megan's Law (www.meganslaw.ca.gov): In 1996, Congress enacted the
federal Megan's Law in response to the 1994 rape and murder of Megan Kanga
by a convicted child molester living in her New Jersey neighborhood. The states
were encouraged to implement programs to release specific registered sex
offender information to the public. The California Legislature swiftly reacted and,
within four months later that same year, enacted California's Megan's Law to
provide the whereabouts of sex offenders to protect the public and children. At
the time of enactment, accessing information pursuant to Megan's Law was only
available by visiting police stations and sheriff offices or by calling a toll -free
telephone number. In 2008, the Megan's Law Website was established to permit
public access to more than 63,000 registered sex offenders in California,
including the full addresses of more than 33,500 registered sex offenders. The
information regarding sex offenders contained in the website database is
statutorily divided into two display classifications (full address and by zip code
only). It should be noted that Megan's Law is not intended to punish convicted
sex offenders, and it specifically prohibits using registration information to harass
or commit any crime against an offender.
Dru Sjodin Website (www.nsopw.gov): The Dru Sjodin National Sex Offender
Public Website is administrated by the U.S. Department of Justice and is a
cooperative effort between jurisdictions hosting public sex offender registries and
the federal government. The website is free of charge and provides an advanced
search tool allowing users to submit a single national query to obtain information
about sex offenders; a listing of public registry websites by state, territory, and
tribe; and provides information on sexual abuse education and prevention.
Laws Protecting Children from Sexual Predators
According to the California Department of Justice, 90% of child victims know their
offender, with almost half of the offenders being a family member. Of sexual
assaults against children age 12 and up, approximately 80% of the victims know
the offender. During the past decade, numerous laws have been enacted in order
to protect children from sexual predators.
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The following is a sample of those protections:
Jessica's Law: On November 7, 2006, the voters in California overwhelmingly
(70 %) approved the Sexual Predator Punishment and Control Act, which was
designated as Proposition 83 and is more commonly known and referred to as
Jessica's Law. (The first Jessica's Law was adopted in Florida in 2005 following
the rape and murder earlier that year of Jessica Lunsford by a previously
convicted sex offender.) Jessica's Law served to increase penalties for violent or
habitual sex offenders and expanded the definition of certain sex offenses related
to aggravated sexual assault of a child.
Moreover, Jessica's Law made two significant changes to sentencing laws that
require all registered felony sex offenders to be monitored by a Global
Positioning System (GPS) device while on parole. As of 2008, the California
Department of Corrections and Rehabilitation (CDCR) placed GPS devices on all
sex offender parolees who were under supervision in communities in the state.
Since the inception of the state's GPS program, over 20,000 sex offenders have
been monitored. On any given day, CDCR monitors approximately 6,600 sex
offender parolees through GPS technology. This represents the largest number
of sex offenders under GPS supervision of any state.
Jessica's Law bars any parolee required to register as a sex offender from living
in a single - family dwelling with another person who is also required to register
unless they are legally related by blood, marriage or adoption. Registered sex
offenders are also banned from residing within 2,000 feet of any public or private
school or any park where children regularly gather. Finally, the measure
authorizes local governments to adopt ordinances that impose further residency
restrictions.
Senate Bill 1128: On September 20, 2006, Governor Schwarzenegger signed
into law Senate Bill 1128 sponsored by State Senator Elaine Alquist. In part,
Senate Bill 1128 included a provision intended to enhance restrictions for sex
offenders from areas where vulnerable individuals are known to congregate.
Specifically, Penal Code Section 626.81 prohibits registered sex offenders from
entering school grounds "without lawful business thereon and written permissions
from the chief administrative official of that school." If a registered sex offender
violates this statute, he or she is subject to punishment by jail and /or fine.
Chelsea's Law: In 2010, the Legislature adopted the Chelsea King Child
Predator Prevention Act of 2010 (Assembly Bill 1844), sometimes referred to as
Chelsea's Law, which enacted significant changes associated with convicted sex
offenders. It increased penalties, parole provisions, and oversight for significant
sex offenders who have attacked children. It also implemented a series of legal
provisions and programs commonly referred to as the "containment model"
intended to reduce recidivism, preserve state resources and better protect
communities throughout California.
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In part, Chelsea's Law contains a number of important provisions to protect
children:
• Implements a one - strike life without parole penalty for those sexual predators
who commit the most heinous violent sex crimes against a child, as well as
increases in other penalties for sex crimes committed against minors by use of
force, violence, duress, menace, and fear.
• Increases parole periods with active GPS monitoring for those convicted of
felony sex crimes involving physical contact with children.
• Requires that when a person is released on parole after having served a term
of imprisonment for specified sex offenses in which one or more of the victims
was under 14 years of age, and for which registration is necessary, it shall be a
condition of parole that the person may not enter any park where children
regularly gather without the express permission of his or her parole agent.
• Implements the "containment model" approach to sex offender management
proposed by California's Sex Offender Management Board, including increased
oversight, psychological evaluations, and polygraph testing for all sex offenders
on parole or probation.
• Authorizes various upgrades to the Megan's Law Website to include more
useful and informative data to law enforcement and the public on the actual risk
of sex offenders in our communities.
Management of Sex Registrants in the City of Seal Beach
As of January 2012, 10 registered sex offenders reside in the City of Seal Beach.
Of the 10 registered sex offenders, none are on parole or probation but are
required to annually register their places of residence. Of the 10 registered sex
offenders in the City of Seal Beach, 7 reside in Leisure World, 1 in College Park
East, 1 on "The Hill" and 1 while registered in the Oakwood Apartments no longer
resides at this address.
The Investigations Unit of the Seal Beach Police Department actively manages
sex registrants who reside in the City of Seal Beach. The Department has a
designated detective to proactively monitor parolees, probationers and sex
registrants. This effort includes interviewing and registering sex offenders,
conducting compliance checks to ensure individuals on supervised release are in
compliance with their mandated terms, and acting as a liaison with county, state
and federal agencies.
County of Orange Park Ban of Sex Registrants
On April 5, 2011, the Orange County Board of Supervisors voted unanimously to
adopt an ordinance to "protect children by restricting registered sex offenders'
access to locations such as the regional and wilderness parks, nature preserves,
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recreational trails, historic sites, harbors, and beaches where children regularly
gather." Any person that is required to register pursuant to California Penal
Code Section 290 et seq. who enters an Orange County Park where children
regularly gather, without written permission from the Orange County Sheriff or
the Sheriff's designee, is guilty of a misdemeanor.
The penalty for a first conviction for violating the County ordinance is
imprisonment in a county jail for a period of not more than six months or by a fine
not to exceed five hundred dollars or both. The County's park ban is written
broadly and does not differentiate between low -level sex offenders, child
offenders or the more dangerous violent sexual predators.
In May of 2011, the City of Westminster adopted an ordinance making it a
misdemeanor for a registered sex offender to enter a park consistent with the
County's ordinance. Other Orange County cities, including Los Alamitos, La
Habra, Lake Forest, Mission Viejo, Yorba Linda, Laguna Hills and Irvine have all
adopted ordinances similar to the county ordinance.
Most notably, the City of Huntington Beach recently passed a NO PERMISSION /
TOTAL BAN ordinance that builds on the county ordinance with the exception of
permission. There is no opportunity for permission for a registered sex offender
to access any parks in the City of Huntington Beach.
Draft Ordinance Banning Sex Registrants from Seal Beach Parks, Beaches,
Jetties and Piers, and adjacent City owned or leased parking lots.
Child Safety Ordinance:
The proposed ordinance prohibits registered sex offenders (pursuant to
Califomia Penal Code Section 290 et seq.) from entering City parks and
recreational facilities (Attachment 1). For purpose of this ordinance, a City of
Seal Beach Park, Parking Lot, Beach, Jetty or Pier is defined as any City- owned,
leased, operated or maintained land, structure, jetty, beach, or pier before or
after the effective dates of this ordinance by the City of Seal Beach as a
recreation area, including, but not limited to Almond Park, Arbor Park, Bluebell
Park, Edison Park and Gardens, Eisenhower Park, Electric Avenue Greenbelt,
Gum Grove Nature Park, Heather Park, Marina Community Center, Marina Park,
McGaugh School Campus, North Seal Beach Center, Seal Beach Tennis Center,
Zoeter Softball Facility, Seal Beach Municipal Pier, Seat Beach Rock Jetties, all
beach and parks, as well as adjacent parking lots.
The proposed City ordinance provides additional restrictions beyond those
required by state law by restricting sex offenders from certain limited locations
and by imposing criminal penalties for violation of the ordinance. Any registered
sex offender who violates the ordinance would be guilty of a misdemeanor
regardless of the time period between entries. The penalty would be punishable
as follows:
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• Upon a first conviction, by imprisonment in a county jail for a period of not
more than six months, or by a fine not exceeding $500, or by both imprisonment
and a fine.
• Upon a second conviction, by imprisonment in a county jail for a period of not
Tess than ten days and not more than six months, or by a fine not exceeding
$500, or by both imprisonment and a fine. Upon a second conviction, the person
shall not be released on probation, parole or any other basis until he or she has
served not less than ten days.
• Upon a third or subsequent conviction, by imprisonment in a county jail for a
period of not Tess than ninety days and not more than six months, or by a fine not
exceeding $500, or by both imprisonment and a fine. Upon a third conviction, the
person shall not be released on probation, parole or any other basis until he or
she has served not less than ninety days.
Seal Beach Police Department Implementation
If the City Council adopts this ordinance, the Seal Beach Police Department will
notify all registered sex offenders in the City of Seal Beach and issue a written
notification to inform registrants of the newly adopted ordinance. Future
registrants will also receive written notification at the time of registration with the
Seal Beach Police Department.
The City of Seal Beach Recreation and Parks Commission met on January 25,
2012 and was advised of the proposed ordinance and there were no objections.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is no Financial Impact.
RECOMMENDATION:
Staff recommends that the City Council approve introduction and first reading of
Ordinance No. 1615 — Child Safety Zone.
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SUBMITTED BY:
Robe M. Luman, 'Chief of Police
Prepared by: Stephen Bowles, Sergeant
Attachments:
A. Ordinance No. 1615
Page 7
NOTED AND APPROVED:
Ingram, City an• ger
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
CHAPTER 7.70 TO THE SEAL BEACH MUNICIPAL CODE
ESTABLISHING CITY PARKS, BEACHES, JETTIES AND PIERS,
AND ADJACENT CITY OWNED OR LEASED PARKING LOTS
AS A CHILD SAFETY ZONE WHERE REGISTERED SEX
OFFENDERS ARE PROHIBITED FROM ENTERING
WHEREAS, Article XI, Section 7 of the California Constitution, the Seal Beach
City Charter and California Government Code Section 37100 provide the City of
Seal Beach ( "City ") with authority to enact local ordinances to protect the health,
safety, and welfare of its residents; and
WHEREAS, the City of Seal Beach finds that it is appropriate and necessary to
protect children from sexual predators in areas where children frequent by
prohibiting registered sex offenders from entering City parks, beaches, jetties,
and piers, and adjacent City owned or leased parking lots; and
WHEREAS, this Ordinance is not intended to conflict with, but rather, to
supplement, State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 7.70 is hereby added to Title 7 of the Seal Beach
Municipal Code to read as follows:
§ 7.70.010 Purpose and Intent
It is the purpose and intent of this Chapter to protect children from
registered sex offenders by restricting sex offenders' access to
locations where children regularly gather. The City Council finds
that City parks, beaches, jetties, piers, and adjacent City owned or
leased parking lots are locations where children regularly gather.
The City Council further finds that restricting sex offender access to
such locations will reduce the risk of harm to children by impeding
the ability of sex offenders to be in contact with children.
It is further the purpose and intent of this Chapter to provide
additional restrictions beyond those provided for in state law by
restricting sex offenders from certain locations, and by allowing for
criminal penalties for violations of this Chapter. It is not the intent of
this Chapter to allow conduct otherwise prohibited by state law, or
to contradict state law.
§ 7.70.015 Child safety zone
ORDINANCE NUMBER 1615
"Chapter 7.70
Child Safety Zone
Therefore it is hereby established a child safety zone
encompassing the following locations within the City: all City parks,
beaches, jetties, and piers, which shall include but not be limited to
Almond Park, Arbor Park, Bluebell Park, Edison Park and Gardens,
Eisenhower Park, Electric Avenue Greenbelt, Gum Grove Nature
Park, Heather Park, Marina Community Center, Marina Park,
McGaugh School Campus, North Seal Beach Center, Seal Beach
Ordinance Number 1615
ATTEST:
City Clerk
Tennis Center, Zoeter Softball Facility, Seal Beach Municipal Pier,
Seal Beach Rock Jetties and all City owned or leased parking lots
located immediately adjacent to any City park, beach, jetty, or piers.
§ 7.70.020 Prohibition
No person required to register pursuant to California Penal Code
sections 290 et seq. shall enter into or upon the child safety zone.
Each entry into the child safety zone shall constitute a separate
offense under this ordinance regardless of the time period between
entries.
§ 7.70.025 Penalties for Violation
Punishment for a violation of Section 7.70.025 shall be as follows:
A. Upon a first conviction, by imprisonment in a county
jail for a period of not more than six months, or by a fine not
exceeding $500, or by both imprisonment and a fine.
B. Upon a second conviction, by imprisonment in a
county jail for a period of not less than 10 days and not more than
six months, or by both imprisonment and a fine not exceeding
$500. Upon a second conviction, however, the person shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
C. Upon a third or subsequent conviction, by
imprisonment in a county jail for period of not less than 90 days and
not more than six months, or by both imprisonment and a fine not
exceeding $500. Upon a third or subsequent conviction, however,
the person shall not be released on probation, parole, or any other
basis until he or she has served not less than 90 days.
§ 7.70.25 Other Prosecution Authorized
Nothing in this ordinance shall preclude or prohibit prosecution
under any other provision of law."
SECTION 2. If any section, paragraph, sentence, clause, phrase or portion of
this ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed severable and such holding shall not
affect the validity of the remaining portions hereof. The City Council of the City of
Seal Beach hereby declares that it would have adopted this ordinance
irrespective of the invalidity of any particular portion thereof and intends that the
invalid portions should be severed and the balance of the ordinance be enforced.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
ordinance and cause the same to be published in the manner required by law.
This ordinance shall become effective 30 days from and after its passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the day of , 2012.
Mayor
Ordinance Number 1615
STATE OF CALIFORNIA )
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 27th day of February , 2012 and was passed, approved and adopted
by the City Council at a regular meeting held on the day of , 2012
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
And do hereby further certify that Ordinance Number 1615 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk