DATE: January 28, 2003
TO: Board of Supervisors
SUBJECT: Necessary Enhancements to Megan’s Law
SUMMARY:
On March 12, 2002 the Board of Supervisors took action to increase the
availability of Megan’s Law information to San Diego County residents.
On October 1, 2002 the Board of Supervisors took action to introduce and
support County sponsored legislation to change State law so that possession
of child pornography would be a felony, and to change State law so that
registered sex offenders that have committed crimes against children cannot
live within a quarter mile of a school or childcare center. On December
3, 2002 the Board of Supervisors took action to work with representatives
of the San Diego County School Boards Association, Region 18 of the Association
of California School Administrators, Parent Teachers Associations and
law enforcement agencies to develop a uniform policy that prohibits sex
offenders from volunteering in schools.
As a result of discussions with school officials and law enforcement representatives,
it is apparent that changes are needed in State law to allow school districts
and public libraries direct access to the entire Megan’s Law database
currently provided to law enforcement agencies.
Recommendations
Chairman Greg Cox and Vice Chairwoman Dianne Jacob
- Direct the Chief Administrative Officer to draft a letter for the Chairman’s signature to our State Delegation requesting introduction of new legislation to change State law so that school districts and public libraries have direct access to the entire Megan’s Law database that is currently provided to law enforcement agencies, and include this in the County’s legislative program.
- Direct the Chief Administrative Officer to draft a letter for the Chairman’s signature to our State Delegation requesting introduction of new legislation to change State law so that School Districts and public libraries are not required to pay a fee for fingerprint background checks, and include this in the County’s legislative program.
- Direct the Chief Administrative Officer to draft a letter for the Chairman’s signature to our State Delegation requesting introduction of new legislation to change State law to require registered sex offenders to disclose their sex offender status to a K-12 institution and public libraries when they are seeking any paid or volunteer position, change the penalty from a misdemeanor to a felony and include this in the County’s legislative program.
- Direct the Chief Administrative Officer to draft a letter for the Chairman’s signature to our Federal delegation requesting introduction of new legislation to implement a national database for registered sex offenders, and include this in the County’s legislative program.
- Receive an update from the Sheriff on January 28, 2003 on the current countywide project to enhance registration, improve notification and increase monitoring, and receive a more extensive briefing at a Board conference on May 20, 2003.
Fiscal Impact
There is no fiscal impact associated with this request.
BACKGROUND
On March 12, 2002 the Board of Supervisors took action to increase the
availability of Megan’s Law information to San Diego County residents.
On October 1, 2002 the Board of Supervisors took action to introduce and
support County sponsored legislation to change State law so that possession
of child pornography would be a felony, and to change State law so that
registered sex offenders that have committed crimes against children cannot
live within a quarter mile of a school or childcare center. On December
3, 2002 the Board of Supervisors took action to work with representatives
of the San Diego County School Boards Association, Region 18 of the Association
of California School Administrators, Parent Teachers Associations and
law enforcement agencies to develop a uniform policy that prohibits sex
offenders from volunteering in schools.
As a result of discussions with school officials and law enforcement representatives,
it is apparent that changes are needed in State law to allow school districts
and public libraries direct access to the entire Megan’s Law database
that is currently provided to law enforcement agencies. Information provided
to the public is not identical to the information the Department of Justice
provides to law enforcement agencies. Registered sex offenders that are
not in the category of “serious” or “high risk”,
fall into the “other” category. The public does not have access
to information on “other” registered sex offenders, which
includes such crimes as exhibitionism, pornography and incest.
School districts and public libraries that want to check potential volunteers
against the Megan’s Law database must have access to the same information
that law enforcement agencies are provided. If not, registered sex offenders
that are not classified as “serious” or “high risk”,
could potentially be allowed to volunteer at a school or in a library.
In addition, school districts and libraries should be allowed direct access
to this information from their computer system. Direct access to the system
is more efficient and offers greater accountability. San Diego County
is already a model for information sharing between schools, the court
and law enforcement. This concept needs to include Megan’s Law information.
Many school districts and public libraries would like to be able to perform
fingerprint background checks on their prospective volunteers, but with
thousands of volunteers, the cost of at least $32 per background check
is prohibitive. The Department of Justice is permitted to waive the background
check fee in some cases, such as the request coming from a non-profit
organization. This fee also needs to be waived for school districts and
public libraries. The State should not allow the cost of a background
check to prevent a school or library from ensuring the safety of children.
When a registered sex offender moves to another state, they are required
to register with the local law enforcement agency. Unfortunately, many
disregard this requirement when they move to a new community. Although
some law enforcement agencies notify another agency when a registered
sex offender is moving to another state, this practice is inconsistent,
resulting in a lack of knowledge as to the whereabouts of many registered
sex offenders. A national database for registered sex offenders would
allow information sharing between states so that law enforcement agencies
would not be in the dark when a registered sex offender moves from state
to state. Law enforcement would have immediate access to sex offenses
outside of their jurisdiction and could determine if an individual was
out of compliance with their registration.
When applying for employment or attending as a student, State law currently
requires a registered sex offender to notify a higher learning institution,
such as a college or junior college, that they are a convicted sex offender.
This requirement only applies to K-12 school districts if the individual
would work directly and in an unaccompanied setting with minor children
on more than an incidental and occasional basis. We believe that it is
inappropriate for any registered sex offender to be on the grounds of
a K-12 public or private school under any circumstances. The law needs
to be changed to insure that our schools are a safe haven. Public libraries
also need to be included in this disclosure requirement. If a registered
sex offender is seeking any paid or volunteer position at a school or
library, State law needs to require them to disclose their status as a
sex offender, regardless of whether or not the position involves working
with children. In addition, the penalty for violation of this law needs
to be changed from a misdemeanor to a felony.
Recent information released from the California Department of Justice
(DOJ) documented an alarming number of registered sex offenders that are
not in compliance with their registration requirements. The San Diego
County Sheriff’s Department has been working with the Department
of Justice, San Diego Police Department and other law enforcement agencies
to address issues of non-compliance, registration and public notification.
It would be helpful for the Sheriff’s Department to update the Board
and the public on their innovative efforts.
This action is intended to allow school districts and libraries better
access to Megan’s Law information to make certain that a prospective
volunteer is not a high risk, serious or other registered sex offender.
This action also seeks to waive the fee being charged to school districts
and public libraries for a fingerprint background check. Finally, this
action seeks federal legislation to set up a national database of registered
sex offenders.
We urge your support.
Respectfully submitted,
GREG COX
Chairman
DIANNE JACOB
Vice Chairwoman
