Proposition 83 Gives A False Sense of Security

Who doesn’t want sex offenders tracked and kept away from children? As the only provider of services for victims of sexual assault in South Santa Clara and San Benito counties, Community Solutions is committed to our community’s safety and victims’ rights. However, as such, we recognize that Proposition 83, dubbed Jessica’s Law, will not be conducive to protecting our community from sexual predators.

 Though well-intentioned, Proposition 83’s shortcomings far outweigh its benefits. Its strategies may appear to have potential, but they will pose unintended implications that will place the public further at risk. Our greatest concerns include the proposed residency restriction, which will prohibit sex offenders from residing within 2,000 feet of any school or park, and its lifetime Global Positioning System (GPS) monitoring.

As a service provider, we are aware that the residency restriction will not protect the vast majority of child victims. Sexual assaults against children are most often committed in the child’s home or another familiar location. According to the California Coalition Against Sexual Assault (CALCASA), 90 percent of child victims knew their assailant.

Consequently, residency restrictions will force offenders to relocate from urban areas to less densely populated rural regions where law enforcement has fewer resources to supervise them and there are fewer viable housing and employment options. Such factors do not foster the stable environment that research has shown reduces the risk of re-offense.

Furthermore, high-risk offenders may be less likely to comply and instead stop reporting to authorities and slip under the radar, which occurred when similar legislation was passed in Iowa. As the law does not adequately discern offenders based on the type of offense committed, non-violent offenders would also be forced to relocate, potentially having to pull their families away from community ties and jobs.

The proposed lifelong GPS monitoring will also not be limited to high-risk violent predators but will pertain to all sexual offenders convicted of a felony. Under such guidelines, law enforcement will be overburdened with nonessential monitoring duties and data that only make the real risks harder to recognize and track. According to CALCASA, GPS monitoring would be used for 50 times the expert recommended number of past offenders.

 The cost of this counter-effective monitoring and relocation would potentially put a strain on already limited resources. It has been estimated that it may cost $500 million with the total expense for local governments still under speculation. If we are going to allocate this much funding to prevent future sexual assaults, it should be designated to programs that will offer real preventative benefits.   

To protect our children, law enforcement needs to focus their time and effort on offenders that present a real risk and know where they are located. Such extensive mandated convict relocation and monitoring of non-violent criminals is only going to make the dangerous offenders harder to track.

Proposition 83 appears even less fruitful when we consider the six bills that Gov. Arnold Schwarzenegger signed on Sept. 20. The new legislation already offers many of the beneficial aspects of Proposition 83. This legislation includes Senate Bill 1178, which will require GPS tracking of high-risk offenders who are on parole or probation, and Senate Bill 1128, which will enhance penalties for many child-related or violent sexual crimes. Senate Bill 1128 also takes on the more effective tactic of focusing on restricting offenders’ access to locations where children are commonly found rather than focusing on offenders’ place of residence.

As a rape crisis service provider for 25 years this October, Community Solutions wants our communities’ residents to be protected from sexual assaults. We recognize the general population’s desire to seize any opportunity to protect our children. However, Proposition 83’s implementation strategies are so problematic that it will not provide the safety and security that it suggests.

Instead, we will be facing even greater challenges. As an initiative which proposes 399 statutory changes, each requiring additional legislation to revoke, mistakes would be costly and time consuming to correct – but even more costly, may be the false sense of security that Proposition 83 evokes.

Please join Community Solutions and the California Coalition Against Sexual Assault in voting ‘No’ on Proposition 83.

 Erin O’Brien is the CEO of Community Solutions. The agency’s Rape Crisis Services include:  a 24-hour crisis line, intervention services, safety planning, medical and legal accompaniment and advocacy, information and referrals, and community education. All services are free and provided in English and Spanish. For assistance, call (408) 779-2115 in South Santa Clara County and (831) 637-7233 in San Benito County.