Jessica's Law Still Sucks

by Brian Leubitz [courtesy of Calitics - Front Page]

I will admit that I'm occasionally a bit of a policy wonk. Not always, but you know, I have a degree in the whole "policy field" and I sometimes like to talk policy (or write as the case may be). One policy that I know reeks of fear-based politics with little to show in return: Jessica's Law. Sure, it won easily, and even Phil Angelides endorsed it.  Really, only a very select few spoke out against it. Fear is a bad poliy basis, and there seemed to be little reason for this law other than FEAR. Sen. Jackie Speier's bill had already passed and provided most of the protections of Prop 83. And the provisions that it lacked were just plain bad policy.

 But, at this point, the law is on the books. There's still some question about its constitutionality, with the latest court wranglings seeing the law enforced on 850 sex offenders. But, as the AP points out, many have found a loophole: the "transient exemption." AKA being homeless. If a sex offender is homeless, well it's hard to prohibit them from living under a bridge. And as I pointed out in the past, the 2000-foot rule (away from schools, parks, etc.) will keep people away from services they need, and from basically all metropolitan areas. So, you want to live in San Francisco? Sorry, but you're always within 2000 feet of one of those places, so, go try Yreka.

So, into this fray steps SD-03 candidate Joe Alioto-Veronese. He's raising a resolution at today's Police Commission hearing for stronger enforcement of Jessica's Law. He apparently doesn't want to charge all offenders with crimes, he just wants to know where these people are. The problem is that once you know where they are, the city/state is obliged to remove them from their location if it violates the law. Sure, we could just be lax on the enforcement part, I suppose, but that seems a strange study in contrasts. Furthermore, the resolution wants to a) find all these homeless people and demands that they respond or b) face jail time for parole violation if they don't respond.

This, at best, puts a bit of lipstick on a pig. It doesn't substantively address any of the problems that were recently raised, and it punishes the homeless. Mr. Alioto-Veronese recognizes the deficiencies of Jessica's Law, but when I asked him whether he supports the 2000-foot rule, all I got was that he supports "protecting our children from sexuasl predators." 

Resolution over the flip.

RESOLUTION REQUIRING IMMEDIATE ACTION TO IDENTIFY CONVICTED SEX OFFENDER LOCATIONS

 

 

Whereas the San Francisco Police Commission and the San Francisco Police Department are 100% committed to maintaining the safety of all children and families in our City; and,

 

Whereas Jessica’s law (Penal Code 3000.07 et. seq- named in honor of Jessica Lunsford)  was enacted in 2006 to protect California Children from child predators.  Jessica’s law requires certain registered sex offenders to report to law enforcement agencies their address of residence;

 

Whereas, knowing the exact address of residence and location of parolees subject to such registration is in the interest of protecting California children and further assists the San Francisco Police Department to this end;

 

Whereas, California Penal Code Section 3003(e)(1)(J) requires that the California Department of Corrections report to local law enforcement agencies certain identifying information of sex offender registrants including their (1) exact address of residence, and (2) A geographic coordinate for the parolee's residence.

 

Whereas, the California Department of Corrections issued policy 07-48 notifying parolees unable to secure housing compliant with prop 83 to declare transience in order to avoid incarceration.

 

Whereas, according to a recent report by the California Attorney General, up to 166 parolees have newly registered as transient or homeless.

 

Whereas the public deserves to know the true locations these offenders; and not knowing  such information poses a danger to the children of San Francisco;

 

Be it therefore resolved, that the San Francisco Police Commission shall issue a letter to the California Department of Correction condemning policy 07-48, as it relates to registering as transient or homeless; requesting that they comply with California Penal Code Section 3003.

 

Be it therefore resolved that the San Francisco Police Commission request the Chief of Police of San Francisco Police Department take immediate action to prevent and reverse the trend of sex offenders registering as “homeless” by:

 (1) No later that November 25, 2007, or within one week of the passage of this resolution (whichever is later), the Chief of Police of the San Francisco Police Department shall send a letter to all registrants notifying them that it is the Policy of the San Francisco Police Department to comply the registration components of Jessica’s law.  The letter shall give registrants one month to register their correct address.  For all registrants listed as “transient” notification shall be sent to their prior address.

(2) After one month following the dispatch of such letter, the San Francisco Police Department shall verify the “transient” status of all registered offenders residing in the City and County of San Francisco, by investigating the residential address and taking appropriate law enforcement action, including taking that person into custody in violation of parole conditions if transience is not confirmed;

 

Be it finally resolved that the Chief of Police and any staff directly involved in this important effort report the result back to the Police Commission during the weekly Chief’s report to the Police Commission.