State Board Admits Sex Offender Restrictions Are Ineffective and Expensive

February 25, 2010
By Howard | Nassiri, PC on February 25, 2010 12:42 PM |

As Santa Ana sex crimes defense attorneys, we were surprised and pleased by a recent statement by the California state Sex Offender Management Board. The Contra Costa Times reported Feb. 16 that the board recommends major changes to Jessica's Law and other laws restricting the rights of sex offenders after release from prison. Board members said these laws force sex offenders into homelessness and cost a lot of money but don't seem to make citizens any safer. They also apologized for the agency's failure to find Philip Garrido, the convicted rapist who kidnapped 11-year-old Jaycee Dugard in 1991 and held her captive in Northern California for 18 years.

Jessica's Law bans convicted sex offenders from living within 2,000 feet of a school or another place where children gather regularly. Matthew Cate, the state's secretary of corrections and rehabilitation, said the law makes it nearly impossible to find legal housing in some areas. As a result, the number of homeless sex offenders has skyrocketed, from fewer than 100 before the law took effect to thousands today. Studies have shown that the instability of homelessness can actually increase the risk of re-offending. The agency recommended applying Jessica's Law only to the most serious offenders; routinely requiring treatment for sex offender parolees; taking low-risk offenders off the list after a set period; and combining GPS anklets with community supervision.

The article notes that politicians see a risk of being labeled "soft on crime" if they back a repeal of Jessica's Law. Our Long Beach sex crimes criminal defense lawyers agree that this is a risk, but we think that's a real shame. As the board members explained, residency restrictions for sex offenders can actually increase the risk of another crime by making it hard to find a home, a job and other basic tools of living a law-abiding life. Meanwhile, the rules strain the state budget, creating thousands of new parolees and expensive programs at a time when we can't afford to support failed programs. And while the board didn't make this argument, we believe sex offender registration laws violate the spirit of the law by imposing extra penalties on people who've already done their time. Even former murder convicts don't face the same legal restrictions and social stigma.

The criminal defense law firm of HOWARD | NASSIRI PC represents people throughout California who are facing sex-related charges, including registration and residency violations. We understand very well that sex charges can change our clients' lives, often long before any conviction. Because they're so emotionally charged, just an accusation of a sex crime is enough to destroy reputations, disrupt careers and end relationships. Our Irvine sex crimes defense lawyers help clients fight the damage from the moment we take the case. In addition to building a strong defense to the criminal charges, we can help clients prevent or defend against any loss of a professional license or other civil consequence, and avoid unwanted media attention.

If you're facing criminal sex charges or believe you will soon be charged, don't hesitate to call HOWARD | NASSIRI for help. We offer free, completely confidential case evaluations. To set one up, you can call us toll-free at 1-800-872-5925 or contact us through the Internet.