End Homelessness

Has Jessica's Law Increased Homelessness in CA?

Published November 24, 2008 @ 05:49AM PT

Could a law meant to protect children from sex offenders result in a massive increase in homelessness?

A California state appeals court thinks so. Last week they ruled that an unprecedented increase in homelessness among registered sex offenders in California can be traced directly to Jessica's Law. 

Jessica's Law prohibits sex offenders from living within 2,000 feet of a school or park. Since it was passed two years ago, however, homelessness among sex offenders has increased a whopping 800 percent. The CA appeals court found the shortage of housing options and resulting increase in homelessness amounts to "additional punishment" for sex offenders.

According to KGO-tv in San Francisco:

Before voters passed the law in November 2006, only 88 registered sex offenders statewide were homeless. A year and a half later, it jumped to more than 1,000. That's 800 percent higher and the Sex Offender Management Board blames it on Jessica's Law.

"It has created less and less places to house these folks. So you're seeing higher concentrations of offenders, and you're also seeing higher concentrations of offenders in places you may not necessarily want to have them, like hotels," said Suzanne Brown-McBride, from the California Sex Offender Management Board.

The unfortunate irony in this situation is that homelessness increases the likelihood of recidivism among sex offenders (and other ex-offenders). In other words, Jessica's Law could be causing the very crimes it was meant to prevent. A lack of stable housing makes it near impossible for offenders to maintain a job and receive counseling. Furthermore, when sex offenders are not registered at a home address, it is difficult to track where they are staying, which could be concerning for parents wanting to safeguard their children. 

It's unclear what measures will be taken now that a causal link between Jessica's Law and homelessness has been confirmed by the courts.

But clearly, the case for getting sex offenders off the streets and into housing is too overwhelming to be ignored.

[Picture: Corrections parole agent Dan Roumbanis looks for a sex offender parolee who was tracked by his Corrections Department-issued GPS device, who was not located, at Alamo Square Park in San Francisco.]

 

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Comments (12)

  1. Debbie Browning

    I could not agree more, there is a overwhelming problem with homelessness throughout the United States, many of which are veterans that have served our county proudly. It would seem the controversy surrounding this article concentrates on homeless sex offenders in California, which may directly or indirectly be related to the Jessica Lunsford Law. Let us remember why this law was written. Around three a.m. on February 24, 2005, nine year old Jessica was asleep in her bed when John Couey, a registered sex offender who was not in compliance with the law because he had not registered the address of his half sisters’ home where he was residing at the time, found his way into Jessica’s home and bedroom. Mr. Couey took Jessica from her bed, allowing her to take a purple dolphin with her and lead her though the darkness to him half sisters’ home. Over the next three days little Jessica was repeatedly raped, tortured and forced to live in a closet. Mr. Couey became concerned that he might get caught when he felt investigators was moving in on him. He then made the decision to bind Jessica’s hands, placing her purple dolphin in them and then put her into two garbage bags. At the time of his actions, Jessica was still alive, he dug a hole and buried her that way. Jessica fought to escape by poking two of her fingers through the two garbage bags. In the end Jessica lost her fight to escape and she lost her life.The fact is, the entire system regarding sex offenses against our children and what to do with sex offenders once they are released is a complete failure. There are far to many written laws and acts that have been adopted by individual states that are allowing sex offenders to repeat their actions time and time again. Unfortunately, the hundreds of laws and adopted acts are beneficial to sex offenders. For every law/act written there is another that is contradictory, therefore it is a defense, which law is true, which one is false and which of these laws was used in a case? Until each and every law/act throughout this country is repelled and there is one written that would protect our children, we will face this broken issue over and over. As for now, Jessica’s Law may be forcing released sex offenders, not only in California, but throughout this country to become homeless, but it is the law and I stand by it. Until action is taken to fix this broken system, there should not be a sex offender released back on the streets of any American city. For those of you who are fighting for the rights of a convicted felon, one that have overpowered and taken an innocent child, raping them or sexually assaulting them in any way, should be fighting for the victims’ rights, and should be fighting to keep a person convicted of a sex crime against a child behind bars permanently.

    Posted by Debbie Browning on 11/25/2008 @ 08:33AM PT

  2. Gary Nardo

    I don't see the need to repeal Jessica's Law.  Dangerous and predatory sex offenders should never be allowed in contact with children.

    Posted by Gary Nardo on 11/25/2008 @ 10:16AM PT

  3. Debbie Browning

    Dear Gary:
    Thank you for your response. I agree with you that dangerous and predatory sex offenders should never be allowed in contact with our children. In 2005 the Florida legislature passed a set of laws known informally as "Jessica's Law." The name of the act in Florida is "The Jessica Lunsford Act." These laws increased penalties for sex-related crimes, tightened registration requirements for sex offenders, and mandated the sharing of criminal background information among Florida law enforcement agencies (among other provisions). As written above, one of the provisions of The Jessica Lunsford Act included tightened registration requirements for sex offenders, this is due in part to the fact that Mr. Couey, a registered sex offender himself was not registered at the address where he was residing at the time of his actions. Please allow me to explain as to why this law and others need to be repelled.In 1989, 11 year old Jacob Wetterling was abducted in Minnesota and remains missing. In 1994, The Jacob Wetterling, Crimes Against Children and Sexually Violent Offender Registration Act (the Wetterling Act), was enacted as part of the Federal Violent Crime Control and Law Enforcement Act of 1994. This act included the verification of registered sex offenders addresses for at least 10 years. In 1994, 7 year old Megan Kanka was abducted, sexually assaulted, and murdered in New Jersey.In 1996 Congress amended the Wetterling Act with Megan’s Law. However at the Federal Level, Megan's Law is known as the Sexual Offender (Jacob Wetterling) Act of 1994 and requires persons convicted of sex crimes against children to notify local law enforcement of any change of address or employment after release from custody (prison, psychiatric facility). The notification requirement may be imposed for a fixed period of time - usually at least ten years - or permanently. Some states may legislate registration for all sex crimes, even if no minors were involved. It is a felony in most jurisdictions to fail to register or fail to update information.Megan's Law provides two major information services to the public: sex offender registration and community notification. The details of what is provided as part of sex offender registration and how community notification is handled vary from state to state, and in some states the required registration information and community notification, but protocols have changed many times since Megan's Law was passed. On July 27, 2006, President Bush signed into law, the Adam Walsh Child Protection and Safety Act of 2006. Again, Congress has passed yet another Act/Law with a child’s name attached and includes laws and other acts that are already on the record and are being used as current laws in varies states that are not working. Even with this being said, as sad as it is, there is no way many parts of The Adam Walsh Child Protection and Safety Act of 2006 will ever be enforced, simply because it is impossible to do so. Many sections in this Act calls for grant monies to help impose them. Are you aware that when a sex offender is released from prison it is up to them to register in accordance to many state/federal laws within 7 days. This begs the question, how many have been released and have never registered? How many laws/acts will be written in the future with a child’s name attached? How many laws/acts will be written in the future that will be ambiguous, like all of the above and thousands more? Gary, the simple truth is before there will ever be strong protection for our children against sex offenders seeking them, each law and act that currently exist needs to be repealed and one written that is clear and precise and there must be funding to back it. Prior to this ever being realistic, our law enforcement agencies throughout this country need funding. The simple truth is, they are understaffed, they are working with out - dated computers, software and many are forced to still use paper files. It is beyond my comprehension that in 2008, most cases our law enforcement officers are working on is still being printed on paper, and placed in a file because they are using computers that do not have enough space to store all of the cases, therefore they cannot share them in a timely manner with other agencies. This very thing could be used to question Jessica’s Law because it states, mandated the sharing of criminal background information among Florida law enforcement agencies. How does one answer this question when many states that have adopted this law and due to out - dated computers, etc., this simply cannot be done? Also due to the lack of monies needed by law enforcement agencies and additional staff, they cannot keep up with the ever increasing numbers of released sex offenders. Gary, what we should be doing is demanding Congress repeal all current laws/acts, after one federal law is written that is precise and to be enforced by each state and to assure funding to back it. Until they do so, our children will continue to become victims and sex offenders, registered or not, will hunt down their next prey. Congress cannot keep passing and amending laws and acts that have been proven time and time again they are not working, this system is broken and cannot be used. Again thank you for your response;Debbie Browning

    Posted by Debbie Browning on 11/26/2008 @ 07:10AM PT

  4. Deborah Holmes

    Now Debbie, I'm for that!  If we could repeal all the state laws and get one FEDERAL law that is put in place to protect our children. 

    And I'm sorry, but if they are having a hardship finding housing because of the school restrictions put on them - TOO BAD!  Think of the hardship the parents went thru counceling or burying their child!

    Posted by Deborah Holmes on 11/26/2008 @ 08:25AM PT

  5. Ly Syin  Lobster

    Debbie,

    I think we should protect our children but unregistered homeless sex offenders are just as bad as sex offenders living near children. Something has got to change.

    Posted by Ly Syin Lobster on 11/26/2008 @ 12:25PM PT

  6. Debbie Browning

    Dear Deborah and Ly:Thank you both for your responses, please allow me to address each of you issues. Deborah: I am sure that your thoughts are coming from your heart, but it is not just all state laws that need to be repealed, federal acts and laws need to be as well. The problem with non registered sex offenders is a crises. A crises that is allowing them to completely be free to roam our streets, our schools and parks, without the possibility of law enforcement knowing their whereabouts. Regardless if they are homeless or not, offenders are required to register following their release, according to every law now on the books, but leaves this responsibility to them to register. If they choose not to register following their release, move to a different state or remain residing in the state of their release, posses the same problem, law enforcement officers do not know where they are. As I have stated before, On July 27, 2006 President Bush signed into law the “Adam Walsh Child Protection and Safety Act of 2006“. In section 113 of this law it requires a offender to register him or herself within 3 business days following their release. In Section 114 of this law is the information required in registration. Law suits have already been filed against this law and many others, as it is a defense that they are unconstitutional to the offender. Once again the bottom line is, that this system in a complete failure for the protection of our children. I will repeat, sex offenders not registering an address and the additional information as required by law upon their release are in complete violation of the law/s and should be picked up and returned to prison, but where do we find them?. Another problem with this Deborah is, there is no funding to do so and this is the point I have been arguing for the last 6 years, do not release these persons if there is no funding to impose these laws, now here is the kicker, there is also no funding to keep them in prison, it has been reported, to house one inmate, the cost to tax payers is $25K per year. Until which time the Federal Government releases proper funding, our children will never be safe, but if there was just one federal law, keeping in mind that each individual state is not required to adopt this law and there are amendments written to the Bill of Rights, sex predators will continue to hunt. Ly: Yes you are right, something does need to change. As I have already stated above, homelessness is just another reason as to why this system is a complete failure. Ly, we have registered sex offenders that are teachers, priests, living/working at addresses where there are licensed day care centers, this list is endless. So if we think about the concerns of them being homeless, theoretically, this is just one more argument isn‘t it? Because there is no one at any time that can be 100% sure where they reside or where they are, wouldn‘t you agree?. I want to introduce you both to a new law that is my most compelling argument to date. This law adds the following text to the required registration of a released sex offender, “consent to computer search” and requires the following: “If the sex or violent offender is required to register for life, that the sex or violent offender is required to register for life”, Any electronic mail address, instant messaging username, electronic chat room name, or social networking web site username that the sex of violent offender uses or intends to use”. “If the sex or violent offender registers any information under the above, the offender shall sign a consent form authorizing the: search of the sex or violent offender’s personal computer or device with Internet capability, at the sex or violent offender’s expense, of hardware or software to monitor the sex or violent offender’s usage“. #1. Who will be monitoring this and where will the funding for this be coming from, since it only requires that the offender purchase the hardware and software. #2. It will be an immediate defense argument that someone else was using this computer. #3. If a released sex offender, as required by law does not even register to begin with upon his/her release, then why is one to believe that they will register this information. In closing, I thank each of you again for your remarks and I encourage more, it is by using our voices that we can make a change. Best regards,Debbie Browning

    Posted by Debbie Browning on 11/27/2008 @ 06:02AM PT

  7. david  wagner

    I have a whole different take on this subject instead of using all these scare tactics and try to make every body think that all offenders are violent and commited crimes against small children when in reality most people tagged with the sexual offender in fact i think it is something like 80% never commited any violent crime let alone molested a child leave it to the judges and courts to decide who needs to register and who doesn't all these laws do is create problems ffor police dept's and prison over crowding and truely are unconstatutionional recividism rate for these offenders is less than 20% and would be less if we did not treat them like Hitler did the jews

    Posted by david wagner on 12/30/2008 @ 02:26PM PT

  8. Debbie Browning

    Dear Mr. Wagner: I would be very interested to know where you get your information. In this country Mr. Wagner, the United States of America, each day an innocent child of all races are being kidnapped, sexually assaulted, raped, murdered and sold into sex slavery. As of this date sir, the number of missing children in America exceeds 800,000, this number is growing each day, and there are over 600,000 registered sex offenders, many are repeat offenders. I can assure you that this 600,000 number is incorrect, as this number only represents the offenders that have registered under federal law, and there are many living next door to our children that have not registered. Let me make one thing perfectly clear to you Mr. Wagner, just one child, is one child to many, and just one sex offender, is one sex offender to many, so if you want to talk to me about the treatment of sex offenders and their constitutional rights sir, you better bring more then just a paragraph of propaganda. The time is now that this epidemic of violence against our children is going to stop. We are going to save our children from the deep abyss they are now living in due to persons that are overpowering our children and committing horrifying acts against them.

    Posted by Debbie Browning on 01/01/2009 @ 05:57AM PT

  9. david  wagner

    first of let me start by saying i have no sympathy for for any one who commits a crime against a child lock em up an throw away the key and as far as where did i get my information go to any dept of corrections web site and read the numbers i gave i see no reason why they would lie but  trying to pass new laws by spreading fear do nothing to protect are children and i am sorry but laws like the adam walsh act are nothing but feel good tactics by poloticians to garner votes every time we let legislation pass a new law in the name of a victimised child we take constitutional rights away from people whos crimes where not against a child you maam need to read what these have done to familys and have done nothing to protect any one ruined lives of juviniles for nothing more than urinating in public thats why we have courts to enforce the laws we have don't pass new knee jerk laws on a whim and you speak of 600,000 registered sex offenders over 80% percent of those offenders never commited any crime against a child and a lot of those 600,000 had already served there time and had did there reporting for there crimes until the awa took affect and basiclly retried them years after the fact that is unconstitutional

    Posted by david wagner on 01/02/2009 @ 06:21AM PT

  10. david  wagner

    actually i was wrong it's not 20% it's5% of the 600,000 that are child predators /Prose Law .net

    Posted by david wagner on 01/02/2009 @ 07:30AM PT

  11. Debbie Browning

    Dear David: Once again, thank you for both of your responses. Please allow me to address your first one: David, I could not agree with you more, that anyone who commit’s a crime against a child, sexually or otherwise, should spend the remainder of their lives behind bars. As I have already stated many times and have spent the past seven years fighting new laws/acts and fighting the amendments of current laws taking place time and time again, it is these actions that are the problems we face when trying to protect an innocent child. David you go on by speaking about the constitutional rights of juveniles, and their families when a direct sex offense against a child has not happened and all the juvenile has done is urinate in a public place. David lets’ look at this is in legal terms. You, yourself, stated, that the juvenile in question was taking this action in a public place, so lets go through the steps that needed prior to the action in its’ self. The juvenile, male or female in question, must first remove the clothing surrounding their individual private area/s to achieve their intended purpose. This action is called exposing him/herself in an area that is open to the public, including children, which is against the law. You go on to state that of the 600,000 registered sex offenders, let me make something clear to you now, there are far more then 600,000 registered sex offenders, and these are only the ones that are in complicate with the law, this number is much higher, but you state that out of this number, 80% of them have never committed a crime against a child. Now there is a 60 to 80% figure out there, however, that represents sexual assaults which happen by family members and close friends of these families. In closing, you speak about a law that took effect that is unconstitutional. Forgive me if I’m wrong, but I believe that you are speaking of “The Adam Walsh Child Protection and Safety Act of 2006”. My reason for thinking this is, in your second comment you mentioned “Prose Law. net” and I have looked at this site. This Act signed into law by President Bush on July 27, 2006 could in fact be one of the most clear read pieces of legislation written and passed by both houses, however there is a high cost that will come with this, at the expense to each state that adopts it. David I think you are perhaps a bit confused by this Act, please allow me to try to help you better understand it. Just because an act has been signed into law does not mean that a state has to adopt it. This Act includes many laws/acts that already exist and are current, therefore your concern that persons that have already been released and under this act it is unconstitutional for them, this is not the case. As for Prose Law . Net, I must say, Mr. Norman L. Sirak, Attorney at Law, well David let me just ask that you look at wehrwolf88 . Org/norman/ and also ask that you not pay much attention to this site. Once again, thank you for your comments.

    Posted by Debbie Browning on 01/05/2009 @ 09:37AM PT

  12. Neal Simms Sr

    My first point---I agree, people caught TOUCHING, HURTING, MOLESTING, CHILDREN should be "taken care of" but why use tax dollars to house and feed them for the rest of their lives?

    My second point---I am a retired Marine with 20+ years serving my country, then went back to college to get an associates degree in criminal justice. As part of the curriculum we covered "child pornography", which created a sort of "curiosity" that drove me to further searching on-line.  In the process of my on-line searching, Yahoo Inc. reported me to the Sacramento High tech crimes unit for child pornography.  I plead "no contest" to having child pornography on my computer to avoid 12 jurors having to view the images that were on my computer.  I have NEVER TOUCHED, FONDLED, HURT, OR CONTACTED any  children.  I was sentenced to 364 days in county jail and forced to register as a "sex offender" and NOW am in jepardy of losing my house I have been buying for 10 years, or separating from my wife of 34 years to move away from my house which is within 2000 feet of a school.  Or I will be in violation of "jessica's law" and go back to jail.  I feel this is all OVERPUNISHMENT for having pictures on my computer, there was NO VICTIM (other than myself) in the commision of my crime.  God bless the politicians for attempting to protect our children "after the fact" but they need to find feesible alternatives to make the punishment fit the crime.  Back to my first point, although California still hasn't executed Manson, a quick and cheap bullet (without all the tree huggers appeals and tax dollars spent)  would convince the true MOLESTERS the politicians MEAN to punish people whom commit crimes against others. Yet they need to quit invadeing the privacy of people in the privacy of their own homes, not hurting anyone.

    Posted by Neal Simms Sr on 10/01/2009 @ 02:36AM PT

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Shannon Moriarty

Shannon has worked in homeless shelters and service organizations in San Francisco, the Triangle region of North Carolina, and currently in the greater Boston area. She is a graduate student studying housing and urban policy at Tufts University.

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