50A - ORDINANCE - SEX OFFENDERS - Laserfiche WebLink

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Shouldn't these people be kept away from places where children regularly gather? 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 for a 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 to 10 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, Lake Forest 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 18; (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 (forcible 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 5OA-15