Morgan Hill has 45 sex offenders on Megan’s Law Web site, and
approximately 80 additional sex criminals living in community
Morgan Hill – While the prospect of living in the same neighborhood as a registered sex offender or patronizing a business owned by a registered sex offender makes many people uncomfortable, the reality is they are here to stay.
Some members of the community have expressed concerns, however, that a registered sex offender is opening a business in Morgan Hill.
There are 45 registered sex offenders in Morgan Hill, according to the Megan’s Law Web site, while Gilroy has 73.
Los Gatos has 24 offenders listed on the public site, while Campbell has 30, Hollister has 48 and Mountain View has 64.
“Since it became accessible on the Internet to everyone, the classifications have changed,” said Morgan Hill Police Special Operations Sgt. David Swing.
There used to be three classifications of sex offenders, depending on the offense they were convicted for. Now, said Det. Kevin Beilmann, who spent six months on the Sexual Assault Felony Enforcement (SAFE) Task Force, a regional organization, “you’re either on the Web site or you’re not.”
The classifications were high risk, serious offenders and other.
There are approximately 80 sex offenders in the Morgan Hill area who are not on the public Web site, he said, because they are considered less serious offenses, such as indecent exposure, or offenses that involve family members. Those offenders do show up, however, on a Web site law enforcement agents can access.
“It’s based on DOJ (Department of Justice) standards, on a case-by-case basis,” Beilmann said. “Sometimes faces pop up on the public Web site, only to be taken down a day or two later. They (the sex offenders) have a right to petition the state to have their information removed. I know of two who have been on the Web site and had their picture taken down.”
Beilmann would not comment on the business except to say that he was aware of it. While he checks the Megan’s Law Web site regularly, Beilmann said he receives calls from community members who also seem to monitor the site.
“They’ll ask, ‘How come he can live across from the school?’ Well, the truth is we can’t tell them where to live and where not to live,” he said. “Sometimes the community speaks up and makes it difficult for the offender to make a home in the community.”
A case in point is Carey Verse, a high-risk offender who in 2004 left Mill Valley after community uproar, left two Oakland residences and ended at the Mission Motel on Monterey Highway in San Jose. At every place he settled, protesters gathered.
“You can’t punish everybody after the fact, can’t tell them where to live,” Beilmann said. “While they’re on parole or probation, they have restrictions – no porn, not contact with children.”
If they have been convicted of a felony, Beilmann said, they have the same restrictions as other felons, including a prohibition against owning firearms or procuring a liquor license.
When accessing the public Web site, the public can usually see a picture of the off-
ender, his or her address and a description of the offender, though some of this infor-
mation may be left out. To visit the site, http://meganslaw.ca.gov, the public must agree to a disclaimer that the information found on the site will not be used for harassment purposes.
Megan’s Law was signed by President Bill Clinton in May 1996 following the brutal rape and murder of 7-year-old Megan Kanka in 1994. The law has two components, the registration of sex offenders and community notification.
“Now that the public has access to the Web site, those who are on the site and those who are not, the community does not have to be notified if they’re coming into the community unless they are high-risk offenders,” Beilmann said. “With high-risk offenders, the community is notified. We don’t have any high-risk right now.”
But word often does spread through the community when a new offender shows up in the city, he said. People who check the Web site will notify neighbors, who will notify others.
“The idea is that there’s no face of a sex offender,” he said. “There’s no one type to look for. It could be potentially someone who is taking care of your yard, someone you pass in the street. Be diligent.”
Access to sex offender information in California is provided to the public as the result of the Jacob Wetterling Registration Act, which was passed by the United States Congress and Megan’s Law, which requires states to release relevant information about registered offenders to protect the public.
The California Sex Offender Registry is the listing of all convicted sex offenders based on DOJ standards. Depending on their convictions, offenders must register with their local police departments once, twice or every 90 days to be considered compliant.
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@mo*************.com.
