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HomeMy WebLinkAbout11A - REGISTERED SEX OFFENDERS Santa Ana Police Department Memo To: Chief Paul M. Walters via COC From: Sgt. James Schnabl Date: May 10, 2006 Re: Staff Report on the Sexual Offender Ordinance The City of Santa Ana has approximately 380 sex registrants living within the city limits. Each sex registrant is required to register with the Santa Ana Police Department one time a year within five days of their birthday. Should the registrant be arrested between registration periods, they must reregister with the police department after their release from custody. Anytime the registrant moves, the registrant must notifY the local police agency of the new address. This notification provides the community with information necessary to protect itself. The information is especially critical with the recent addition of the Megan's law database on the Internet. However, a significant gap in the protection of the community remains. Bureau of Justice Statistics Director Dr. Jan M. Chaiken reported that there were an estimated 95,000 sex offenders in state prisons within the United States. Approximately 60,000 (63%) of sex offenders likely committed their sex crimes against children under the age of 18. A significant percentage of the sex crimes involved a victim under 13 years old. Dr. Chaiken's results are similar to the results observed by the Santa Ana Police Department. Of the 380 sex registrants currently supervised by the SAPD Sex Registration Unit, 264 (70%) subjects were incarcerated for victimizing children under the age of 18 years old. Sex offenders have been demonstrated to have a higher recidivism rate than any other criminal. A study of 9,691 men released from prison after serving time for a sex crime were compared to 262,420 men released for non sex related crimes. All of the subjects were released in 1994 from 15 different states including California. · Released sex offenders were 4 times more likely to be rearrested for sex crimes within 3 years (5.3% vs. 1.3%) · The more prior arrests the subject had, the greater the chance he would be rearrested for a sex crime · 4,295 of the 9,691 released sex offenders were in prison for child molestation. 60% ofthe subjects had victimized a child under 14 · Released child molesters were most likely to be rearrested for another child molest during the 3 year period after release (3.3% compared to .5% for the comparison group) o Subjects with more than 1 previous child molest arrest were most likely to be rearrested for child molesting (7.3%) . Page 1 11A-1 Lawrence Greenfeld, Deputy Director of the Bureau of Justice Statistics, analyzed a survey of 14,000 state prisoners. His analysis provided some important, yet previously unreported data. · Two-thirds of all offenders serving time in State prison for rape or sexual assault had a victim under age 18. · A majority of the subjects serving time for sex crimes against children had victimized a child age 12 or under. . 3 in 10 child victirnizers reported that they had committed their crimes against multiple victims · The offender had been drinking alcohol prior to the child molest in nearly 40% of the incidents. A review of several studies conducted during the 1990's provides an in-depth understanding of who the victims of sexual assault are and which sex offenders are more likely to reoffend. The studies included a review of law enforcement reports, data analysis, interviews with state prisoners and a longitudinal study of released state prisoners. Sex registrants are more likely than other felons to commit a sexual assault and their victims of choice are usually children. Children also do not have the capacity to protect themselves and are more easily persuaded to comply with the directions of an adult, even a stranger. Given their vulnerability and their attractiveness to sexual predators, the community demands that children be afforded safe locations to gather. Under current law, sex registrants can sit in a park or near a school observing children while waiting for the best opportunity to engage a child for a lewd act. Law enforcement officers are powerless to prevent this activity until it is too late. Yet, preventable activity does happen in and around schools and parks. Recently, officers from a sex offender task force followed a Santa Ana sex registrant to Los Angeles where the subject was photographed making contact with young boys. He was also photographed participating in a young boy's soccer practice. When the undercover officers interviewed the parents of the boys the sex registrant had contacted, they said the registrant was at the park all the time and described him as "the nicest man". We subsequently arrested the subject for molesting two young boys in the City of Santa Ana (Voight). On another occasion, we received information that a Santa Ana sex registrant was in the process of bringing a foreign bride with a young son into the United States. The sex registrant had previously been convicted of molesting a young boy, so the SAPD Sex Registration unit suspected something inappropriate was occurring. During the investigation, we contacted the apartment complex where the subject lived. The apartment manager described the subject as a "nice man" because he was always in the playground playing with the children (Shenkel). It was determined the subject had been providing the police department with false residence locations. He was arrested for failing to comply with his registration requirement. A third sex registrant (Cortez) was determined to be annoying young girls at a school bus stop. The complaint involved the subject standing near the girl's bus stop and yelling lewd comments at the girls and propositioning them. If the adult parents of children contacted by sex registrants are unable to recognize them as dangerous to their child, what chance does a child have to make that judgment? Additionally, the Sexual Assault Unit has conducted two long term investigations involving sex crimes occurring near schools and parks. One subject exposed himselfto numerous young girls on their way to school, over a one year period, before he was eventually captured. The other subject approached couples in the parks in Santa Ana and ordered them to participate in sex acts with him at gunpoint before he robbed them and fled the location. Other cities have had similar problems with sexual assaults occurring near schools and parks. On Labor Day, 1993 in Piano, Texas, the Estelle Family was at a local park watching their son play in a soccer tournament. Seven year old Ashley Estelle became bored and walked to a playground a few hundred yards away. Despite the fact many other children were present; Ashley was abducted from the park by a convicted sex offender. The sex offender, Michael Blair, had been released from prison after serving 17 months of a 10 year sentence. The City of Santa Ana's objective in enacting a law prohibiting sex registrants from loitering at locations where children congregate is to prevent similar attacks from occurring. . Page 2 11 A-2 Norm Maleng gives an excellent rational for why local govemments have the responsibility for enacting laws to protect its citizens. Norm Maleng served as King County, Washington's Prosecuting Attorney and has been recognized as a leader in reforming Washington's criminal justice system. He points out that the local community has different public safety priorities than the criminal justice system. He writes, "While the public and the State legislatures treat sex offenders as a high priority, the criminal justice system frequently sets different priorities." Maleng recognizes the fimction the local govemment has in protecting its citizens. Recognizing the danger convicted child molesters present, the State of California passed a law prohibiting a child molester on parole from living within y., mile of a school (pC 3003). Restricting sex registrants from loitering around locations where children congregate is a logical, fact based effort to prevent future victimization of children. The data confirms that sex offenders are the most likely group to reoffend and when they do reoffend, the evidence shows their victims are likely to be children. The more a subject has been arrested for prior crimes including sex offences, the more likely they are to reoffend. After a sex registrant completes probation or parole, the only supervision they receive is their annual address update at the police department unless they move during the year. In that case, the registrant must report to the police department within 5 days of the move. With approximately 380 sex offenders living in the City of Santa Ana, there is no practical way to actively supervise this many individuals. By notifying sex registrants that they are in violation of the law by loitering around locations where children congregate, they are made aware that any actions they take to get near child can no longer be done with anonymity. Additionally, we give the patrol officer a valuable tool to participate in the supervision of the sex registrant while protecting the community from sexual predators. Sex registrants on parole and probation are beginning to be required to wear GPS (global positioning satellite) tracking devices. Detectives will be able to review where sex registrants have been and if they have spent any unexplained time loitering near parks and schools. . Page 3 11A-3 N Cl N ~ !: CD UI ~2 tTl · .~(J ~ ...... ~. ~ '(7) . ill ~~i~ :.~. .~~ .1I....r.~~-{J.~..~ iiit ~ ~ ~Y, N ' ~ · ~. · ~'1 .. ~ tJ ... ~ 8 r3 m;o Ci GRA~' r~~ · ~. N N. I] tJ l_ \~ ~ :t..~ " ~_~.,. o N 0 ~ . ..r ~ N 0 ~ " ~ .,- N - . N . t; . f'V N . ~ O~ 10 I · cn"tlcnc~lf nlll~lllocc ::r" CD '<n __. O;l\'"CD CUI OtD.....~_.:::r -CUlCDUlIll g'if Dl~a =I: ., C CD CD N ifo< "0 ., N~ NDl OCD oc ill ~if CD ., N o ~ CD 11A-4 :;a (I) (C -. tn r+ Dl ~ r+ tn D) ~ c. w o o ." o o r+ m c: ~ .., N o ~ (I) tn 300 Foot Buffer Zones N +, s 91 o , 2 4 Miles CJ Zoo/Discovery Buffer Zone ~ DaycareBufferZone Isi[:<1 Park Buffer Zone CJ School Buffer Zone 11A-5 ORDINANCE NO. NS-2712 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XII SECTIONS 10-700 THROUGH 10-703 TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REGULATE PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS .FOLLOWsl: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council of Santa Ana (the "City Council") places a high priority on maintaining public safety. B. Registered sex offenders pose a clear threat to children residing in or visiting the City. C. The United States Supreme Court in New York v. Ferber (1982) 458 U.S. 747, found that there is a compelling governmental interest in safeguarding the physical and psychological well-being of children. D. The City of Santa Ana has a variety of parks, some large and some small, some in neighborhoods and some not, some developed and some undeveloped that are frequented by children. Within the parks are numerous traditional playground areas, softball fields, youth soccer, swimming pools, and a zoo. The City's park system also hosts a range of activities, including birthday parties and family reunions. E. According to a report by the U.S. Department of Justice, in 1994, the median age of the victims of imprisoned sexual assaulters was less than 13 years old. Of released sex offenders who allegedly committed another sex crime, 40% perpetrated the new offense within a year or less from their prison discharge. F. The City of Santa Ana currently houses approximately 385 registered sex offenders and over two-thirds of those registrants have victimized persons under the age of 18 years of age. G. The City Council desires to impose safety precautions in furtherance of the compelling goal of protecting our children from sexual assault or other harm by sex offenders. 11A-6 H. The City Council desires to add local restrictions in areas where state law regulating sex offenders is silent by prohibiting sex offenders from loitering in areas that are primarily designed for use by, or are primarily used by, children. I. The City Council further finds that sex offenders pose a high risk of re-offending, and protecting the public from sex offenders is the primary governmental interest of this ordinance. J. In adopting this ordinance, the City Council does not seek to create anything other than a regulatory scheme designed to protect the public from harm. It is the City Council's goal to be remedial rather than punitive, to exclude sex offenders from small portions of the City and not to punish them. K. In establishing this regulatory scheme, those sex offenders subject to it shall be provided with clear and unambiguous notice of this ordinance's requirements and the penalties for noncompliance. The City Council finds that timely and direct notice serves to apprise individuals of their responsibilities and to ensure compliance with the regulatory scheme. L. Nothing in this regulatory scheme is meant to restrict a sex offender's place of residence as long as a sex offender is not engaged in any of the prohibited activities in a restricted area. M. The City Council finds that the restrictions imposed by this ordinance are narrowly tailored to achieve a compelling governmental interest. N. The Request for Council Action for this ordinance dated May 1, 2006, and the Chief of Police written recommendation dated April 27, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the findings for this ordinance. Section 2. Article XII is hereby added to Chapter 10 of the Santa Ana Municipal Code to read in full as follows: Article XII. Proximity Restrictions for Registered Sex Offenders to Children's Facilities Section 10-700. Purpose. Sex offenders pose a clear threat to the children residing in, or visiting our community. Because convicted sex offenders are more likely than any other type offender to re-offend for another sexual assault, the City Council of the City of Santa Ana desires to impose safety precautions in furtherance of the goal of protecting our children. The purpose of this regulation is to reduce the potential 11A-7 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 school, a center or facility that provides day care or children's services, and a park. The City of Santa Ana desires to add location restrictions to such offenders where the state law is silent. Section 10-701. Definitions. The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Child or Children means any person under the age of eighteen (18) years of age. Children's facility means any School, Day Care Center, or Park (excluding Sasscer Park), as defined in this section, the Discovery Science Center located at 2500 N. Main Street, the Bowers Kidseum located at the corner of 18th Street and Main Street, the McFadden Learning Center located at 2627 W. McFadden, and the Newhope Branch Library located at 122 N. Newhope Street. Day care center means any child day care facility other than a family day care home, and includes infant centers, preschools, extended-day care facilities and school-age child care centers, as defined in Section 1596.76 of the California Health and Safety Code and licensed pursuant to the provisions of the California Child Day Care Facilities Act (Health & Safety Code 99 1596.70 et seq.). Loitering means to delay or linger within three hundred feet (300') of a Children's facility and for the purpose of committing a crime as opportunity may be discovered. Park means any public park or recreation or playground area or building or facility thereon within the City of Santa Ana, owned and maintained by the city as a public park or recreation or playground area. School as used in this article shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. 11A-8 Sex Offender means a person who has been required to register with a governmental entity as a sex offender when the underlying offense was a crime involving a child. Section 10-702. Prohibitions. A Sex Offender is prohibited from being on or within three hundred feet (300') of a Children's Facility: a) while there for the apparent purpose of observing a Child or Children, or b) while Loitering, or c) if the Sex Offender returns at any time after having been notified to leave by the owner or any authorized official of such Children's Facility. Three hundred feet (300') shall be measured from the property lines of the parcel so zoned or used of each Children's Facility without regard to intervening structures. Section 10-703. Notice. Registered Sex Offenders, prior to the date this ordinance becomes effective, residing in the City of Santa Ana shall be mailed a copy of this ordinance, first class mail, to their residence with the Santa Ana Police Department. Thereafter, Sex Offenders who register with the City of Santa Ana shall be provided a copy of this ordinance at the time of registration. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 11A-9 ADOPTED this day of ,2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula J. Coleman Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2712 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11A-10