Posted on 07/31/2006 10:21:35 AM PDT by calcowgirl
California voters will decide in November if sex offenders should stay in prison longer, live farther from schools or parks and wear a tracking device that will monitor them for life.
The latest initiative that focuses on the state's sex offenders is Proposition 83 or "Jessica's Law." It's named for 9-year-old Jessica Marie Lunsford of Florida, who was kidnapped from her bedroom Feb. 23, 2005, and allegedly molested and killed by sex offender John Evander Couey.
Under Proposition 83:
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If the proposition is approved Nov. 7, felony sex offenders would be fitted with a global positioning system for life.
"If you have raped a child or molested a child, it's minimal intrusion for us to know where you are," said Steve Ipsen, president of the Association of Deputy District Attorneys, which favors Proposition 83. "The GPS device says we will keep an eye on you."
Ipsen said the device will deter offenders since they know they are being monitored. And if a child goes missing, he said it also will help exclude some sex offenders from being suspects since it will show where they are.
He called the proposition an "absolute necessity."
The measure also would ban sex offenders from living within 2,000 feet of any school or park. Local governments can expand that to include other locations.
Current law bans parolees deemed high-risk sex offenders to live within a half-mile of a school. Other sex offenders aren't allowed to reside within a quarter-mile. But that only applies while they are on parole.
In addition, the proposition would increase the penalties for sex offenders. For every forcible sex act conviction, the offender will get consecutive, full-term sentences.
It would allow for an offender to be evaluated as a sexually violent predator after committing one crime instead of two, as current law provides. And violent sex offenders could no longer use good time or work time credits to reduce their prison terms.
Instead of two years at a state hospital, the proposition would commit those classified as sexually violent predators to a term subject to an annual review.
Critics, like the California Attorneys for Criminal Justice, argue it would drive sex offenders from urban communities into rural areas where there are fewer police. They also say it would push dangerous sex offenders to go underground and create an expensive tracking system for thousands of registrants who had been convicted of minor, non-violent offenses. The group also claims a similar law in Iowa restricting where offenders live doesn't work.
Ted Cassman is secretary of the group, which calls itself the largest statewide organization of criminal defense attorneys and allied professionals. He said Proposition 83 was poorly written and confusing.
"They didn't make clear how broad the provisions are. It's not clear if the GPS monitoring is intended to be retroactive," he said.
And the way he reads it, the restriction on how far an offender can live from a school or park would also apply to people convicted of a misdemeanor sex offenses like indecent exposure.
"Sex offenders and sex offenses are terrible problems in California. There is no doubt," Cassman said. "What we need is an appropriate, measured response that makes our community and children safer."
Not all sex offenders will get a GPS device and the proposition isn't retroactive, according to Sen. George Runner, R-Antelope Valley, who with his wife, Assemblywoman Sharon Runner, R-Lancaster, chairs the Yes on 83 group.
It will affect people coming out of prison and sex offenders who aren't registering, George Runner said.
He doesn't buy the argument that the measure will further drive sex offenders underground.
"We already have one in four going underground. With the GPS, we'll know where they are," he said.
He pointed out that the proposition will keep offenders in prison longer.
The state legislative analyst estimates the proposition would lead to several tens of millions initially in state prison, parole and mental health program costs. The analyst estimates costs would grow to a couple hundred million dollars annually within 10 years.
In California, nearly 8,000 people get convicted of a felony sex offense every year. About 39percent head to state prison, 1 percent to county jail, 5 percent are in the community being supervised under probation and 53 percent are both in county jail and under probation.
And a person convicted of certain sex offenses must register with the police once a year. But not everyone does it, and authorities cannot account for the whereabouts of many sex offenders.
Of the state's 87,539 sex offenders, 20 percent are out of compliance. This means 17,583 offenders either failed to register when they were supposed to, left the area without telling officers or moved into a community without notifying police, officials said.
Locally, the percentage is higher, according to police. In Los Angeles County, 30 percent - or 4,831 of the 16,015 sex offenders - are out of compliance.
The California Department of Corrections and Rehabilitation already uses a GPS device to track and monitor 500 sex offenders it classifies as high risk and likely to reoffend. Department spokesman Bill Sessa said in about another year and a half, the department will have the devices strapped to the ankles of 1,500 more high-risk offenders.
The device is programmed to show the places where the offenders are required to be and where they're not supposed to be, he said. The latter is called an exclusion zone and if an offender enters such a place, their parole agent is alerted.
Proposition 83 is backed by Gov. Arnold Schwarzenegger, who signed the ballot statement in favor of it. Other supporters include Democratic gubernatorial candidate Phil Angelides, the California Organization of Police and Sheriff's, the California District Attorneys Association, Crime Victims United of California and the California Police Chiefs Association.
Any thought to suggesting your son not engage in premarital sex?
The message should be: "Leave children alone." And it should apply to the football hero as well as to an old man. Let the football hero pick on someone his own age.
This child, Jessica, was repeatedly raped over several days and buried alive. This man should be put to death. It wasn't even the first child he had damaged. Evander should have been put to death years ago. And yeah, I know some of you feel sooooo sorry for these jerks, but really, it's time to protect the innocent.
When a grown man rapes a child, he should be put to death. Look around -- there's plenty of people here - and we don't need to keep these guys alive. We don't need extra people to bring in the crops - it's not the 1700's. It's 2006 and there are people everywhere.
Why vote to support these monsters in a prison setting - with TV and exercise rooms? Vote for justice. Vote for a mandatory death penalty for all child rapists.
Didn't date an older guy in high school, I take it? I dated a sophomore when I was a senior. No sex. But still, in today's climate, I could have been falsely accused and railroaded quite easily. A senior in high school is not an adult, and a sophomore in high school is not a child. If we are going to have these "one size fits all" Orwellian punishments, then perhaps we need to rewrite some of the laws.
A family friend I have know for 40 years was accused of molesting his 11 year old daughter by a vindictive ex-wife. His daughter is now in her late 20's and says that nothing EVER happened and that her mother put her up to the story.
http://www.83yes.com/fact_sheet.pdf
Comparison of Current Law vs. Jessica’s Law | ||
Current Law: | Jessica’s Law: | |
Mandatory Minimum Sentences for Child Molesters | ||
▪ Sentences are 15 years to life for offenders that rape a child under the age of 14. The offender must be 10 years older than the child. There is ambiguity in the law. | ▪ Closes loopholes in current law and ensures California has a mandatory minimum of 15 years to life for any offender that rapes a child under the age of 14. The offender must be 7 years older than the child. | |
▪ Sentences are 25 years to life if an offender commits a forcible sex act on either a child or adult and has a prior convicted offense, or commits the offense with aggravated assault, among a host of criteria that may be applied as a factor. There is judicial discretion. | ▪ For every convicted forcible sex act, the offender will receive consecutive, full-term sentences. (For example, if an offender molests the same child three times or a different child, the offender will receive 45 years to life or 3 consecutive sentences). | |
▪ Closes loopholes in California law by eliminating judicial discretion to ensure all offenders will be sentenced 25 years to life. | ||
▪ Adds the crime of kidnapping and burglary with the intent to commit a forcible sex crime to the mandatory minimum sentencing of life with the possibility of parole. | ||
▪ Adds more crimes like continuous sex abuse of a child to be charged 15-25 years to life. | ||
“Good-Time or Work-Time Credits” for Sex Offenders | ||
▪ Allows sex offenders to reduce their prison terms through the use of “good-time or worktime credits.” | ▪ Eliminates the use of “good-time credits” for violent sex offenders, ensuring they serve a full 15 to 25 years before being considered for parole. | |
GPS Tracking | ||
▪ Permits the state to use GPS tracking as a condition of parole for convicted sex offenders. | ▪ Requires registered sex offenders released on parole to be placed on a GPS tracking system for life. | |
▪ Requires offenders to pay for their own GPS equipment, if they are financially able. | ||
Predator-Free Zone | ||
▪ Prohibits some offenders convicted of lewd and lascivious conduct against a child from living within one-quarter mile (1320 ft.) or half-mile (2,600 ft.) of a school, for the duration of their parole. | ▪ Prohibits registered sex offenders from living within 2000 ft. of a school or park, for the duration of their registration. | |
▪ Allows local governments to include additional sites they deem appropriate, such as children’s museums or water parks. | ||
“Sexually Violent Predators” | ||
▪ Requires two offenses before a predator can be classified as “sexually violent.” | ▪ Allows for an offender to be evaluated as a sexually violent predator after one crime, rather than waiting for a second victim. | |
▪ “Sexually Violent Predators (SVP’s)” may be civilly committed to a state hospital for a two year term. District Attorneys may file a new petition every two years demonstrating the offender is still a danger. | ▪ Requires SVP's parole period to toll while in the state hospital so they serve their parole time after discharge. | |
▪ SVP’s may run their parole time out while civilly committed, leaving no parole jurisdiction upon release. | ||
Child Pornography | ||
▪ Possession of child pornography is a misdemeanor. | ▪ Allows DAs to charge a felony on possession of child pornography. | |
Internet Predators | ||
▪ Current law is incomplete in addressing this problem because it waits for direct harm to occur before criminal penalties can be attached. | ▪ Specifically prohibits any contact or communication with a minor for the purpose of engaging in sexual conduct or abuse. | |
▪ Law enforcement attempts to go undercover to capture internet predators are often disallowed by the courts because of loopholes in California law. | ▪ Closes loopholes by allowing law enforcement to act as decoys in order to engage and capture internet predators. | |
“Date Rape” Drug Use | ||
▪ Imposes an additional three-year prison term for persons who force the use of specified controlled substances in the commission of a felony. | ▪ Imposes an additional five-year prison term for persons who use specified controlled substances (i.e. date rape drugs) in the commission of specified sexual crimes, such as rape. | |
Increase Parole Terms and Fines | ||
▪ Provides for parole terms from 3-5 years for various sex offenses. | ▪ Provides for parole terms of up to 10 years for the most heinous sex offenses. | |
▪ Increases various fines and penalties. |
I agree. This stuff should be for repeat or multiple offenders. Too many false accusations and innocent people going to prison.
>>>A family friend I have know for 40 years was accused of molesting his 11 year old daughter by a vindictive ex-wife. His daughter is now in her late 20's and says that nothing EVER happened and that her mother put her up to the story.>>>
That is so sad. I could actually use the words "hate" and "despise" towards my ex-husband, but could never imagine convincing my 11 year old daughter to say something like that about her father! What a whacadoo mother! What that probably did to that little girl. Poor thing.
>>>Any thought to suggesting your son not having sex with underage teenage girls?>>>
30 seconds before he turned 18, she wasn't 'underage'. Jerk.
>>>Any thought to suggesting your son not engage in premarital sex?>>>
Wow, you mean all you have to do to make it where teenagers NEVER HAVE SEX AGAIN is to SUGGEST IT TO THEM???
My, why haven't you gotten the word out, you are a genius!
Actually, I believe that a life sentence, plus designation as a sexual predator, is the first part of the answer. A life sentence would mean that any release would have to be supervised parole, with rights suspended. In other words, no search warrant required to search person, premises, or vehicles; restrictions on location, and mandatory electronic tracking to ensure compliance; and restrictions on the Governor's power to commute, pardon, or parole these offenders.
We do know who the 'jerk' is......and we know the parent is the 'jerk' too.
This girl's mother was a loon ... I'd reckon given that her mother was a nutcase that spent more time at the bars than at home and left most of the housekeeping/mothering of her little brothers to her 15 year old daughter).
Has it ever occurred to you that other parents don't appreciate you defending the right of your 18 year old son have sex with a 15 year old? This is so creepy...
Has it ever occurred to you that the government and a bunch of yahoos making the boy a sex offender is creepier?
It did work. And it will work again.
If the monster who raped little nine year old Jessica, then buried her alive, is put to death, he will never hurt another child.
Once a sexual predator is dead, his life of crime is over. It works 100% of the time.
Push for justice - push for a mandatory death penalty for child rapists.
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