When sex offenders move to your town
Police and Megan’s Law help prepare neighbors
By MARSHA DORGAN
Register Staff Writer
Napa County is home to 205 registered sex offenders. Of that number, 144 reside in the city of Napa.
While those figures might surprise some residents, local law enforcement agencies are doing their part to keep the public informed of the whereabouts of sex offenders they believe pose a danger to the public. Officers send letters to neighborhoods where registered offenders reside — the most recent letter went out last month.
In 1947, California became the first state to mandate that sex offenders register with police agencies, giving their current address and employment. In 1986, the law was applied to juveniles convicted of sex offenses. That information was made public record in the mid-1990s with the passage of Megan’s Law, allowing public access through the Internet to the name, address and convictions of sex offenders registered in a county.
The newer legislation gave law enforcement the authority to alert residents about any registered sex offender living in their neighborhoods who they deemed to be a danger, according to Napa Police Cmdr. Steve Potter.
“We have only distributed fliers two times this year, and it was on the same person because he relocated to another residence in Napa,” Potter said.
The latest flier was sent out in January by the Napa Police Department in conjunction with the county sheriff’s department. Although the offender is not classified as a sexually violent predator, authorities thought residents should be aware he was living in their north Napa neighborhood, Potter said.
“When making the decision to notify the citizens with a flier, we take into consideration the criminal history and if we believe they are a danger to the community,” Potter said. “If we come to the conclusion this is the case, we make a flier with the sex offender’s name, description, address and his or her registered sexual crimes and distribute it to the immediate neighbors.”
The flier also makes it very clear the person is not wanted by the law and has served his or her sentence as prescribed by law.
“We are not suggesting in any way that the public take any action against the registered sex offender. We just want them to be aware and take precautions to protect themselves and especially their children,” Potter said.
Public reactions
Potter said the public responds to the notifications with “mixed emotions.”
“Many people are upset to know a registered sex offender is living in their neighborhood. But on the other hand, they are grateful that we have given them that information so they can take measures to deal with it,” Potter said.
Potter said he cannot recall any local incidents where the public has taken matters into their own hands to deal with a registered sex offender living in their neighborhood.
Speaking of those who have been convicted, he said, “If they register as a sex offender and obey the laws, they have the right to live where they want.”
Sheriff’s Lt. Jean Donaldson said there are no sexually violent predators living in Napa County.
To be designated a sexually violent predator, according to state law, the offender is “a person who has been convicted of a sexually violent offense against two or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.”
Sex crimes that require registration range from indecent exposure and certain child pornography charges to rape and other charges involving sexual violence.
Under the law, sex offenders when released from jail or prison are mandated to register with their local law enforcement within five days. They also must register when they change residence. They are also required to register annually within five working days of their birthday. Sex offenders who have no permanent address are considered transients and must register every 30 days. Those considered sexually violent predators must register every 90 days.
Law enforcement agencies are notified by California Department of Corrections or the local county jail when a sex offender is released into its jurisdiction.
“We monitor that information. If the person does not register as a sex offender within five days of their release, we go looking for them,” Potter said.
The sheriff’s department has one detective assigned to investigate sex crimes, in cooperation with the Napa police and county probation departments.
Donaldson said many of the registered sex offenders have committed crimes against their own family members. “So when they are released from jail or prison, the victims are aware of where they are living,” he said.
Last November California voters passed Jessica’s Law — Proposition 83. The legislation increased penalties for those convicted of sex offenses and changed the distance registered sex offenders must live from a school or park to 2,000 feet.
Prior law ruled sex offenders could not live within 1,329 feet of a park or school. High-risk sex offenders could not live within 2,600 feet of a school or park. The restriction only applied to the time the person was on parole or probation. Under Jessica’s Law, the restriction would apply to all the time they are required to register as a sex offender, which in most cases is for life.
Last week, U.S. District Judge Lawrence Karlton in Sacramento ruled Proposition 83 is not retroactive, meaning sex offenders required to register before Proposition 83 passed are exempt from carrying global positioning devices for the rest of their lives.
The ruling states that if a registered sex offender who has served his time is living in a home that is closer than 2,000 feet from a school or park, he or she does not have to move, said state Department of Justice spokesman Nathan Barankin.
“They will not be kicked out of their home. However, if that person changes residency, Proposition 83 applies,” he said.
Napa County District Attorney Gary Lieberstein said the state attorney general’s office will most likely challenge Karlton’s ruling.
Megan’s Law
Megan’s Law allows the public to research the names and whereabouts of registered sex offenders in California. The Web site is www.meganslaw.ca.gov.
Protect your family
• Remember that in the vast majority of cases, children are molested by someone they know.
• Inform children that it is wrong for adults to engage children in sexual activity.
• Make an effort to know the people with whom your child is spending time.
• Teach your children about their bodies, give them the correct language to use when describing their private parts. Emphasize that those parts are private.
• Never leave children unattended in an automobile.
• Listen to your children. Pay attention if they tell you that they do not want to be with someone or go somewhere.
• Notice when someone shows children a great deal of attention or begins giving them gifts.
• Make an outing to a mall or a park a “teachable” experience in which your children can practice checking with you, using pay phones and finding adults who can help if they need assistance.
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