Jessica's Law comes to Calif.

Some worry ballot initiative would bring sex offenders to the Valley.

Published online on Monday, Oct. 23, 2006

SACRAMENTO — Voters will be asked Nov. 7 to add California to the growing list of states enacting Jessica's Law, a politically popular measure that toughens sex-crime penalties and requires lifetime monitoring of some offenders.

In Fresno County, where there is about one registered sex offender for every 94 children under the age of 15, Proposition 83 — as it will appear on the ballot — would seem to be a sure-fire winner.

But some elected officials are concerned about a controversial provision they fear would attract sex offenders to the region.

If the measure passes — and polls indicate it will — registered sex offenders would be prohibited from living within 2,000 feet of any school or park. Large parts of urban Los Angeles and San Francisco would be off limits — but not big chunks of the wide-open San Joaquin Valley.

"The urban areas should not be dumping their garbage in our back- yard," said Assembly Member Juan Arambula, D-Fresno.

Those pushing the measure say such fears are overblown. "This onslaught of sex offenders is just not a reality," said Sen. George Runner, R-Lancaster.

Runner sponsored the initiative along with his wife, Sharon, an Assembly member, in an attempt to bypass the Democratic-controlled Legislature that they believe failed to act.

At a cost of at least $200 million annually, Prop. 83 would enact some of the most sweeping changes to the state's criminal code since 1994's "Three Strikes" law.

Felony registered sex offenders would be tracked for the rest of their lives through the use of Global Positioning System devices. And prison and parole terms would be lengthened for certain sex offenses. For instance, the measure makes possession of child pornography a felony and ensures that convicted child molesters get minimum sentences of 15 years to life in prison if they molest a child under the age of 14.

In the Valley, the most controversial provision is the residency restriction.

Maps prepared by the state Senate show that major portions of big cities would be off limits, including large sections of Fresno. In effect, offenders could be forced into the many rural towns that dot the Valley.

"In L.A., San Francisco, you don't have to worry about sexual offenders because we're going to be moving them down the Central Valley in a huge way," said Sen. Dean Florez, D-Shafter.

He plans to introduce legislation that would allow small towns to put boundaries around not just parks and schools, but soccer fields, pumpkin patches, school bus routes and other areas where children gather.

"I want to cover everything that we can to make sure we protect ourselves against dumping," he said.

Runner disagrees with the notion that the offenders will flock to the Valley. He says existing laws limiting where offenders can live have not led to a mass exodus out of big cities. Current law bars parolees convicted of certain sex offenses against children from living within 1,320 feet of a school. High-risk offenders can't live within 2,640 feet.

Expanding the restrictions to include parks and making the rules apply to all offenders — even when off parole — would undoubtedly increase the number of people affected.

Fresno County had 2,342 registered sex offenders as of June, but only about 400 lived in unincorporated areas, which are typically more rural, according to local law enforcement agencies.

Runner said the intent of the measure is to make the provisions "prospective," meaning only those coming out of prison would be covered. That could limit any possible mass migration because registered sex offenders not on parole or in prison at the time the law goes into effect would not face the restrictions.