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The Continuing Story Of California's Worst Law

by: David Dayen

Fri Feb 22, 2008 at 16:20:08 PM PST


This is the impact of lawmaking by emotion instead of reason.  Jessica's Law, the initiative passed by the voters in 2006, could increase the risk of crime.  No one could have anticipated that, right?  I mean, when you force ex-cons to sleep under bridges and give them no hope of rehabilitation, and you hobble police departments and sap their ability to actually track sex offenders, how could crime go up, right?

In the 15 months since voters approved Jessica's Law, which restricts where paroled offenders may live and requires electronic monitoring of their whereabouts, the state has recorded a 44% increase in those registered as transients, according to a report released by California's Sex Offender Management Board.

The law prohibits ex-offenders from living within 2,000 feet of places where children gather, but it lacks adequate definitions of such places, the report says. And in some counties and cities, the law's residency restrictions make large swaths of housing off-limits.

Unresolved questions about major parts of the law make it impossible to determine whether the state is safer now from sex offenders, panel member said. Some said the law could be making things worse.

Tom Tobin, the board's vice-chairman and a psychologist, said that homelessness removes offenders from their support systems, such as family members, which increases the chances they will commit new crimes.

"I see homelessness as increasing overall risk to public safety, and as a very, very undesirable consequence of probably a well-intended law," he said.

While I don't necessarily agree with the connection between homelessness and public safety, certainly THIS kind of homelessness, of former sex offenders, is not desirable.  But it falls along the same stupid, shortsighted, Tough On Crime (tm) policies we've seen in California for 30 years.  We extend sentences longer and longer and then try to build our way out of the inevitable overcrowding problem (by the way, that building plan was wildly optimistic; they're now talking about 6,900 less beds and a longer time to get them constructed); we punish sex offenders with an unrealistic law that actually endangers the state's citizens instead of protects them.  This is the legacy of a failure of leadership.

David Dayen :: The Continuing Story Of California's Worst Law
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Huh? (0.00 / 0)
You mean a bill to kick sex offenders out of their homes in cities with services to deal with them into either transience or rehabitation in ill-equipped rural areas wasn't a good idea?!

As stories like this grow in frequency and severity, in a few years, we might have enough people coming to their senses to reevaluate this issue at the ballot box.  


Sex offenders less likely to re-offend (0.00 / 0)
The thing is, sex offenders as a class have a low recidivism rate, about 13% in California. This is because most sex offenses are crimes of opportunity or booze. About 5% of sex offenders are very dangerous and should be monitored with all the tools, but the other 95% aren't, and we can tell the difference between them. The danger is greater if the offender goes after younger victims or has multiple victims, or if he stalks them, or if there is fetishism involved, and a few other things. The others get the crap scared out of them in jail and never do it again.

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