City of Santa Ana Parks Ban Ordinance

City Council Meeting
May 21, 2012,  6 pm  

60 Civic Center Plaza, Santa Ana, California

First Reading to adopt an ordinance to the Santa Ana Municipal Code pertaining to the proximity restrictions of registered sex offenders to children’s facilities. (The Main Library is to be included in the list of children’s facilities. )

Agenda – see page 154

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Please come join California RSOL to speak out against this ordinance. In addition to prohibiting registrants from visiting parks, etc., it also prohibits registrants from visiting the public library! I guess they don’t know that the 10th Circuit Court of Appeals declared such a ban in Albuquerque to be unconstitutional, a violation of the First Amendment. You can call me at (805) 896-7854 for more information.

I sure wanted to be there. Hope there was a good turnout.

California RSOL spoke in opposition to the ordinance proposed by the City of Santa Ana. Four members of the organization presented the City Council with accurate data about issues such as recidivism, the myth of stranger danger and that most assaults of children occur in private places not public places like parks. The only person to speak in favor of the ordinance was the Orange County District Attorney. When asked to comment upon the data presented by California RSOL, the DA stated he did not know what the recidivism rate was and had not read any reports on that subject. This is despite the fact that the DA’s office provided the City with a report that clearly stated a recidivism rate of 5.3 percent. Despite the DA’s poor showing, the City Council unanimously passed the ordinance in its first reading. The City Council will consider the ordinance again on June 4.

Janice the latest(2012) studies show California with the Highest re-offend rate (all crimes)above any other states in the U.S. why do you think that is?

“Although registered sex offenders have a slightly higher recidivism rate than non-sex offenders (66.9% compared to 65%), 8 out of 10 (or 84.4%) sex offenders were returned to prison for parole violations”

I am not familiar with the report to which you are referring. Please give me a citation. What I do know is that the CA Sex Offender Managment Board cited in its August 2011 report. That is, the recidivism rate for registrants is about 3 percent while on parole and 5 percent over a lifetime. This rate is based upon a second sex-related offense and not on offenses such as violation of parole which are included in some reports.

How in the world is that being enforced? Must carry identification and presenting it at a gate to enter? Have all beaches, libraries, and parks walled off?

Fortunately, there are no gates or walls yet. Enforcement seems to be random at best. This of course does not make any one safer if you believe that all registrants are dangerous. The problem for a registrant is that he is “caught” he will be arrested, sent to jail and fined.

I was 13 when I committed my “crime.” As a man approaching my 30’s, I cannot take my wife and my dog to the beach if I visit Santa Ana now? I got another one for all the paranoid folks out there:

1) Go google California Penal Code 288(a), that is what I was charged for at age 13.

2) Go google California Penal Code 288.7, which is far, far, far, worse…actually, unthinkable for most normal people.

Then think about this when you read up on the difference between 288(a) and 288.7:
A man convicted of 288.7 can apply for a Certificate Of Rehabilitation, and subsequently apply for exclusion from the Megan’s Law website, have his record expunged, and apply for a Governer’s Pardon. Bear in mind I was only 13 years old and was convicted of “Lewd and Lascivious Acts with a Child Under 14 Years Old.” *A CHILD UNDER 14 YEARS OLD.*