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HomeMy WebLinkAbout11 - Megans Law RegistrationCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 August 14, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department John Klein, Chief of Police, 644 3701, JKlein @nbpd.org Craig Frizzell, Lieutenant, 644 3778, CFrizzell @nbpd.org SUBJECT: MEGAN'S LAW REGISTRATION AND MONITORING PROCESS DISCUSSION: The intent of this report is to provide information on Megan's Law and the process in which the Police Department monitors sex registrants residing in the City of Newport Beach. Megan's Law Megan's Law is a federal law passed in 1996 that authorizes local law enforcement agencies to notify the public about convicted sex offenders living in their communities. Megan's Law was inspired by the case of 7- year -old Megan Kanka, a New Jersey girl who was raped and killed by a known child molester who moved across the street from Megan Kanka and her family. The Kanka family fought to have local communities warned about sex offenders in the area. The New Jersey Legislature passed Megan's Law in 1994. In 1996, the United States Congress passed Megan's Law as an amendment to the Jacob Wetterling Crimes Against Children's Act. It required every state to develop some procedure for notifying the public when a sex offender is released into their community. Procedure for Registering Sex Offenders Living in Newport Beach The Newport Beach Police Department takes its responsibility to monitor sex offenders very seriously. Sexual assaults against both children and adults are crimes that can have a life -long impact on both the victims and their families. Some sexual assault suspects are known to repeat their crimes and even be predatory in nature. The Sex Crimes Unit of the Newport Beach Police Department receives specialized training in the investigation of sex - related Megan's Law Registration and Monitoring Process August 14, 2007 Page 2 crimes and crimes against children. As part of their commitment to the community, the Sex Crimes Unit actively monitors known sex offenders living in the City of Newport Beach. When a sex registrant moves into the City of Newport Beach, they are required to go through a formal registration process within five working days with a detective, or supervisor, assigned to the Sex Crimes Unit. While living in the City, the registrant must complete the registration process every year within five working days of his birthday. If the sex registrant changes addresses within the City, he /she must again complete the registration process within five working days. When the sex registrant moves from Newport Beach to another jurisdiction, he /she has five working days to meet in person with a detective, or supervisor, from the Sex Crimes Unit to terminate their registration with the Newport Beach Police Department. The sex registrant must then register with the law enforcement agency where he /she has moved within five working days. As part of the registration process, the Sex Crimes Unit verifies the sex registrant's address and conducts an investigation so we are aware of what his /her past offense(s) involved. The Sex Crime Unit maintains current photographs of the registrant and their vehicle(s). The detectives assigned to the Sex Crimes Unit keep track of the registrants and will make an arrest if they fail to comply with the registration requirements. A bulletin is generated and distributed to the patrol officers so they are aware of the sex registrant, know what he /she looks like, and where they live. Sex registrants fall into one of three listed classifications. Their classification is determined by the State of California, Department of Justice (DOJ). In January 2006, DOJ began classifying sex registrants as Full Address, ZIP Code Only, or No Post/Excluded. The previously used classifications had been High Risk, Serious,. and Other. The classifications areas follows: "Full Address" (equivalent to High Risk): This classification may be given to repeat offenders or those who pose the greatest risk to the community and their name and address may be released to the public. These registrants are listed on the public Megan's Law Web site. "Zip Code" (equivalent to Serious): This classification would be for more serious crimes, and the registrant's name and zip code may be released to the public. These registrants. are listed on the public Megan's Law Web site. "No Post/Excluded" (equivalent to Other): This classification is typically for non - violent crimes, and the registrant's name may not be released to the public. Subjects falling under this classification are not listed on the public Megan's Law Web site. Megan's Law Registration and Monitoring Process August 14, 2007 Page 3 If a "Full Address" sex offender moves into the City of Newport Beach, his /her background will be reviewed by the Police Department's Command Staff to determine if public notification is justified. Currently, there are three "Full Address" sex offenders living in the City of Newport Beach. If a sex offender listed as "Zip Code" moves into the City, their background is reviewed by the Sex Crimes Unit Supervisor, Sergeant Mark Hamilton. If the sex registrant's prior history, or arrest record, indicates that they may pose a risk to the public, then the information is forwarded to the Command Staff for consideration of public notification. There are currently 22 registered sex offenders living in the City of Newport Beach. Their classifications are as follows: • Full Address: 3 • Zip Code: 5 • No Post/Excluded: 14 As a comparison, there are a combined total of approximately 408 sex registrants currently living in municipalities neighboring the City of Newport Beach. The public can access the Megan's Law Web site (www.meganslaw.ca.gov) to determine if there are any "Full Address" or "Zip Code" registrants living in their neighborhood. The registrants that are classified as "No Post/Excluded" are not displayed on the public Megan's Law Web site. Law enforcement agencies have access to all three sex registrant classifications. DOJ's Megan's Law Web. Site Prior to March 2006, the Newport Beach Police Department managed a Web site accessible to the public to view the approximate residential locations of sex registrants within the City of Newport Beach. The site was accessible via www.nbpd.org and clicking on `Sex Offender Map." Viewers could conduct a variety of searches after connecting to the site. There were changes made to Penal Code Section 290, effective in 2006, which changed the classification of offenders and the requirements of law enforcement. Although no material contained in the NBPD Web site misinformed the public, it was felt that modifications to the Web site would enhance the effectiveness of this information tool utilized by the community (further described below). Megan's Law Registration and Monitoring Process August 14, 2007 Page 4 Law enforcement agencies are NOT required to make sex offender information available to the public for viewing. The California Penal Code has placed the responsibility for Web site management with the DOJ (290.46 PC). The DOJ is also responsible for determining the new classifications for offenders and maintaining that information on their Web site. The DOJ Web site provides maps, photos, and related arrest information for specific offenders. The DOJ Sex Offender Tracking Unit has provided law enforcement agencies with a summary of the related legal changes to 290 PC. The elimination of requirements associated with local agencies has prompted the DOJ to provide an information bulletin (05- 24 -BCIA) stating: "Law enforcement agencies are encouraged to refer members of the public to the Megan's Law Internet Web site (www.meganslaw.ca.pov) which is easier to access and provides more detailed offender information." Law enforcement agencies are now allowed to disclose, via an Internet Web site, information to the public about offenders under the following conditions, pursuant to Penal Code Sections 290.45 and 290.46(g) (1): 1. There is a warrant for their arrest. 2. The law enforcement agency determines that release of additional information on a specific offender is necessary to ensure the public safety (this release applies to ANY offender). The controlling rule that applies is that the agency may not disclose the offender's actual address unless this address is also on the DOJ's public Internet Web site. When DOJ became the official "manage' of the public Web site, NBPD determined that providing a link to that Web site, rather than posting and updating our own maps, provided a better service to our community and the general public. Detective Sergeant Hark Hamilton manages the internal records of sex registrants who move in and out of the City, and that information is entered into the Violent Crime Information Network (VCIN) by NBPD records within a few days of the registration. The DOJ then updates their Web site to reflect the changes in Newport Beach. The California Penal Code provided law enforcement agencies more latitude to notify the public of safety concerns. The NBPD Web site was modified to concentrate on disseminating any information that becomes available to the Department. Megan's Law Registration and Monitoring Process August 14, 2007 Page 5 The "SEX OFFENDER MAP" link on www.nbi)d.org was changed to "SEX OFFENDER INFORMATION." The Web page was modified and currently contains the following information: Sexual Offender Information The California Department of Justice is now required by law to maintain and continually update a Web site detailing information about sex offenders. DO] classifies the offenders based on language in the California Penal Code (Section 290). This Newport Beach Police Department Web site is intended to provide additional specific information beyond what is found on the DO] Web site about sex registrants living in the City that are believed, based upon specific information, to pose a risk to the community. The Newport Beach Police Department maintains local supervision over sex registrants living within the City limits. This information is then controlled and disseminated through the California Department of Justice, Megan's Law Web site (www.meganslaw.ca.gov). The purpose for providing this information is to assist the members of the public in protecting themselves or children who may be at risk. Newport Beach Police Department officials consistently obtain and assess information provided to them regarding the necessity for specific information about an offender to be provided to the public (beyond the information contained on the Department of Justice Web site). NBPD personnel are in regular communication with the DOJ Sexual Offender Tracking Unit, and information regarding the status of registrants is updated continuously. Some offenders move frequently and do not always register their new locations in a timely manner. Although efforts are made to keep the information depicted on this site up -to -date, please be aware that some of the information may not be current. It is illegal to use information obtained through this Web site to commit a crime against a registered sex offender or to engage in discrimination or harassment against a registered sex offender. If you have specific questions about the Web site or laws related to sex registrants, please call NBPD Sgt. Mark Hamilton 949- 644 -3775. Megan's Lary Web Site Megan's Law Registration and Monitoring Process August 14, 2007 Page 6 It is my hope that this has provided an adequate amount of information to clarity and better understand the procedures that the Newport Beach Police Department adheres to in identifying, registering, and monitoring sex registrants living in the City of Newport Beach, while at the same time providing information on the Megan's Law Web site. Prepared by: Submitted by: 6LY, Jo n Klein IEF OF POLICE ig zell, Lie tenant etec a Services Commander Submitted by: 6LY, Jo n Klein IEF OF POLICE