Sacramento – An effort to reform California’s sex offender registry is gaining broad-based, bipartisan support as it moves through the State Senate. Law enforcement officials, criminal justice organizations, and victims right groups are banding together to reform the registry system to make it a more effective tool for law enforcement to focus on solving sex crimes.
SB 421 – authored by Senator Scott Wiener (D-San Francisco) passed out of the State Senate Public Safety Committee by a vote of 6-1, with support from joint author Joel Anderson (R-San Diego). Joining Senators Wiener and Anderson voting in support for SB 421 at the Public Safety Committee were Senators Nancy Skinner (D-Berkeley), Steve Bradford (D-Gardena), Hannah-Beth Jackson (D-Santa Barbara), and Holly Mitchell (D-Los Angeles.) Senator Mitchell also requested to be added as a co-sponsor during the committee hearing.
“Keeping our communities safe means giving our law enforcement the best tools to protect members of our community from being victimized by repeat sexual offenders,” said Senator Wiener. “Our current sexual registration system doesn’t do that – it burdens our law enforcement with unnecessary work tracking and monitoring low-level offenders with little to no risk of repeat offense, when these officers should be out monitoring high-risk offenders. Victims rights groups and criminal justice reform advocates support this bill because they know we urgently need a system that makes our community safe, which includes focusing on high-risk and violent offenders.”
SB 421 is sponsored by the Los Angeles County District Attorney’s, the California Coalition Against Sexual Assault (CALCASA), the California Sex Offender Management Board, Equality California, and Alameda County District Attorney Nancy O’Malley. The full list of supporters is below.
“The sex offender registry is meant to be an investigative tool to assist law enforcement in crime solving and prevention of additional sexual assaults,” said Bradley McCartt, Deputy in Charge, Family Violence Division, Los Angeles District Attorney’s Office. “The current overly populated system is incapable of serving that purpose. A tiered system which gives low risk/low level offenders with old offenses the ability to be removed from the registry will restore the registry to the purpose for which it was originally created. This bill is not only aimed at requiring the most dangerous offenders to continue to have lifetime registration, but also to allow law enforcement to focus their resources on the supervision of these high risk individuals to better protect the public.”
“SB 421 takes an antiquated, ineffective 70 year old system and replaces it with an evidence-based and updated method to monitor sex offenders,” says Alameda County District Attorney Nancy E. O’Malley, a lifelong victim advocate and leader in combatting sexual. “This proposed law will better protect the public from sexual predators by enabling law enforcement to focus on those who have committed the most serious sexual assault crimes and who pose the greatest danger of recidivism. SB 421 stems from five years of research and drafting with the goal of ensuring that all Californians are protected from those most at risk of reoffending. Thank you, Senator Wiener and all of the partners in this effort for your leadership in addressing this vital legislative effort.” DA O’Malley also serves as the Chair of California’s Sex Offender Management Board.
Sandra Henriquez, CEO California Coalition Against Sexual Assault (CALCASA), said: "California is currently unable to effectively manage the 100,000 plus people that are required to register. Our registry currently includes individuals that committed an offense as a minor and/or at the age of 18, who are slated to remain on the sex offender registry for life. SB 421 will allow us to focus on those who are at the greatest risk to reoffend, thereby increasing public safety."
“Over the years, hundreds of LGBT people have found themselves unfairly included on California's sex offender registry, sometimes for something as innocent as a same-sex kiss,” said Rick Zbur, executive director of Equality California. “Most were victims of law enforcement policies that consciously targeted and entrapped gay men. Our laws have changed for the better, but California's universal lifetime sex offender registry has not, and many are still included who hurt no one and who would not be placed on the registry today. It's time to remove them and to restore the registry's usefulness as a tool for investigating those who pose a real danger to society.”
Currently, California is one of only four states (Alabama, Florida, and South Carolina are the others) with a lifetime requirement for all convicted sex offenders. By treating all sex offenders alike, regardless of offense, California has created a system with over 100,000 registrants in its system, which inhibits law enforcement’s capability to effective protect the community. Law enforcement responsible for policing sex offenders estimates that 60% of officers’ time is spent on monthly or annual paperwork for low risk offenders, which is time spent at the expense of being active in the community monitoring high-risk offenders.
In addition to the inhibitions on law enforcement, the current registry system has collateral consequences by restricting access to housing and employment for those on the registry, which can drive low-level offenders to homelessness and despondency, which in turn can these low level offenders to re-commit offenses. The current registry also punishes LGBT people who were targeted decades ago by police for simply engaging in same-sex conduct when that conduct was criminalized. SB 421 would remove these people from the registry.
SB 421 addresses this by establishing a tiered system for all sex offenders:
- Tier 1: Registration for 10 years for misdemeanors or non-violent felonies
- Tier 2: Registration for 20 years for serious or violent sex offenses
- Tier 3: Registration for life for high risk offenders including but not limited to sexually violent offenders, repeat violent offenders, and sex offenses requiring a life term.
Removal from the registry for offenders in Tiers 1 and 2 is not automatic. Each registrant must petition the court for removal from the registry at the end of the designated registration period, and the court has the ability to deny termination and the District Attorney may request a hearing to oppose any petition for removal.
Law enforcement organizations supporting SB 421 include:
- The California District Attorneys Association, the Alameda and Ventura County District Attorney Offices, the California Police Chiefs Association, the Association of Deputy District Attorneys, the Association of Los Angeles Deputy Sheriffs, the California Association of Code Enforcement Officers, California College and University Police Chiefs Association, the California Narcotic Officers Association, the Los Angeles County Professional Peace Officers Association, the Los Angeles Police Protective League, and the Riverside Sheriffs Association.
Social justice and criminal justice advocates include:
- The American Civil Liberties Union, the Friends Committee on Legislation, Courage Campaign, Family Safety Foundation, Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, Legal Services for Prisoners with Children, the National Employment Law Center, the National Housing Law Project, the Immigrant Legal Resource Center, and many more.