Sex offender laws wholly impractical
The Monterey County Herald
Posted: 02/05/2009 01:31:55 AM PST
cannot live but provide almost no guidance on where they can.
www.montereyherald.com/opinion/ci_11633594?nclick_check=1
The law requires sex offenders leaving treatment to be released into the county where their crime occurred. Voter-approved Jessica's Law prevents sex offenders from living within 2,000 feet of schools, parks and other places where children gather. The law prohibits placement of released offenders on the grounds of state prisons.
Many will argue that child molesters should be locked up for life. While it is hard to argue with the logic behind that thinking, the courts have made it abundantly clear that it isn't going to happen. Which means that California's law need to be changed to reflect reality, not wishful thinking.
The law should allow paroled offenders to be housed on the grounds of state prisons. The courts may deem that unfair, but it is far better than letting them become transients. The law also should be changed to allow Lamb to move in with his mother in an Arizona retirement community, as he wants.
The state's Sex Offender Management Board reported to the Legislature last month that California's restrictions are doing little if anything to protect children, but are causing more offenders to roam the state without permanent addresses — another prime case of unintended consequences.
According to that report, the number of homeless sex offenders in California has increased by 12 times since Jessica's Law was enacted three years ago.
What we are left with is a large challenge.
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Fixing the flaws in the various state laws will be problematic because any politicians worthy of the name would be afraid to have their name attached to legislation that could be construed or misconstrued as sympathetic to pedophiles.
Attempting to fix things through the initiative process could prove almost as difficult because ballot measures lend themselves to relatively simple topics, not complicated dilemmas.
Our recommendation is that a coalition of law enforcement officials work with the Sex Offender Management Board to come up with a whole new set of rules and regulations that encourage logical solutions, including housing parolees on prison grounds or other public properties.
Perhaps the public will trust the motives and expertise of the law enforcement types and the result could be something that everyone could live with.
The current process, as the Lamb case makes clear, simply isn't working.