SB 386, as introduced, Correa. Registered sex offenders: local ordinances.
Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. Existing law, as adopted by the voters by the passage of Proposition 83 at the November 7, 2006, statewide general election, prohibits a person who is required to register as a sex offender from living in specified places, including within 2000, feet of a school or park where children regularly gather. Existing law authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of the registered sex offender. Existing law makes it a misdemeanor for a person who is on parole for specified sex offenses to enter any park where children regularly gather without express permission from the person’s parole agent.
This bill would state that the Legislature does not preempt local agencies from enacting ordinances that restrict where registered sex offenders may go within a local municipality.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 290.03 of the Penal Code is amended to
2read:
(a) The Legislature finds and declares that a
4comprehensive system of risk assessment, supervision, monitoringbegin insert,end insert
5 and containment for registered sex offenders residing in California
6communities is necessary to enhance public safety and reduce the
7risk of recidivism posed by these offenders. The Legislature further
8affirms and incorporates the following findings and declarations,
9previously reflected in its enactment of “Megan’s Law”:
10(1) Sex offenders pose a potentially high risk of committing
11further sex offenses after release from incarceration or commitment,
12and the protection of the public from reoffending by these
offenders
13is a paramount public interest.
14(2) It is a compelling and necessary public interest that the public
15have information concerning persons convicted of offenses
16involving unlawful sexual behavior collected pursuant to Sections
17290 and 290.4 to allow members of the public to adequately protect
18themselves and their children from these persons.
19(3) Persons convicted of these offenses involving unlawful
20sexual behavior have a reduced expectation of privacy because of
21the public’s interest in public safety.
22(4) In balancing the offenders’ due process and other rights
23against the interests of public security, the Legislature finds that
24releasing information about sex offenders under the circumstances
25specified in the Sex Offender Punishment, Control, and
26Containment Act of 2006 will further the primary government
27
interest of protecting vulnerable populations from potential harm.
28(5) The registration of sex offenders, the public release of
29specified information about certain sex offenders pursuant to
30Sections 290 and 290.4, and public notice of the presence of certain
31high risk sex offenders in communities will further the
32governmental interests of public safety and public scrutiny of the
33criminal and mental health systems that deal with these offenders.
34(6) To protect the safety and general welfare of the people of
35this state, it is necessary to provide for continued registration of
36sex offenders, for the public release of specified information
37regarding certain more serious sex offenders, and for community
38notification regarding high risk sex offenders who are about to be
P3 1released from custody or who already reside in communities in
2this state. This policy of authorizing the release of
necessary and
3relevant information about serious and high risk sex offenders to
4members of the general public is a means of assuring public
5protection and shall not be construed as punitive.
6(7) The Legislature also declares, however, that in making
7information available about certain sex offenders to the public, it
8does not intend that the information be used to inflict retribution
9or additional punishment on any person convicted of a sex offense.
10While the Legislature is aware of the possibility of misuse, it finds
11that the dangers to the public of nondisclosure far outweigh the
12risk of possible misuse of the information. The Legislature is
13further aware of studies in Oregon and Washington indicating that
14community notification laws and public release of similar
15information in those states have resulted in little criminal misuse
16of the information and that the enhancement to public safety has
17been significant.
18(b) In enacting the Sex Offender Punishment, Control, and
19Containment Act of 2006, the Legislature hereby creates a
20standardized, statewide system to identify, assess, monitor and
21contain known sex offenders for the purpose of reducing the risk
22of recidivism posed by these offenders, thereby protecting victims
23and potential victims from future harm.
24(c) The Legislature does not preempt local agencies from
25enacting ordinances that restrict where persons required to register
26pursuant to Section 290 may go within a municipality.
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