Jessica’s Law

Editorial: Jessica’s Law needs work
Ventura County Star
Bigger problems created
Wednesday, October 17, 2007

Beware of unintended consequences, especially when voters take the law into
their own hands, as demonstrated by the passage of Jessica’s Law last
November. The law bars sex offenders, released after November 2006, from
living within 2,000 feet of schools and parks. It sounded good on paper and
70 percent of California voters approved it.

However, as a result of that law, Ventura County’s first designated sexually
violent predator, Ross Wollschlager, has been living in a tent in a riverbed
since August, after he was kicked out of seven hotels throughout the county.
He was offered a place to stay with a friend, but couldn’t accept because
the friend lives within 2,000 feet of a park.

That is one example of thousands of potentially homeless sexual offenders in
California. That is worrisome on two counts:

- First, studies show the risk of sexual predators reoffending drops when
they have a stable place to live.

- Second, it is much harder to keep track of someone who is homeless.

For instance, if sex offenders have a place to live, their address is listed
on the Megan’s Law site. If they are homeless, no address is given and they
are listed only as “transient,” as is currently the case with Mr.
Wollschlager.

Certainly, Mr. Wollschlager’s living in a river bottom makes it harder to
keep track of him, even though he is monitored by a global positioning
system.

It was just the circumstance those opposed to the law – including The Star -
warned about at the time Proposition 83 was voted on.

Michael Schwartz, Ventura County’s special assistant district attorney, told
The Star in September: “The status of this case with him (Wollschlager)
living in a river bottom is not a good state of affairs. I think the state
has got to come up with a better solution where to house these people where
we can keep track of them.”

The solution the state is employing at the moment is arresting released sex
offenders who live too close to schools and parks. Although the state
Supreme Court last week blocked the arrest of four parolees who claim
Proposition 83 is vague and unfairly punishes sex offenders after they are
released from prison, it declined Monday to expand its ruling to cover all
paroled sex offenders affected by the law.

That is despite the fact state prisons are so overcrowded federal judges
have threatened to release some prisoners before they have served their full
sentences.

In July, it was determined that some 2,100 newly paroled sex offenders in
California were living illegally near schools and parks and they were given
45 days to find new homes. In Ventura County in August, 33 registered sex
offenders were identified by their parole agents as having to move.

Thursday, parole agents around the state were directed to arrest sex
offenders who could not prove they were living outside the restricted zones.

State Sen. George Runner, R-Lancaster, co-author of Jessica’s Law, said in
July that he would be willing to amend the law if housing for sex offenders
becomes a problem.

We think the evidence is in that housing is a problem, as demonstrated by
Mr. Wollschlager’s situation and the ongoing arrests. Those arrests should
be halted at least until the court challenge on behalf of the four parolees
is decided.

Jessica’s Law was well-intentioned, but that does not make it a defensible
law.

Sen. Runner needs to amend his law or the courts, no doubt, will eventually
amend it for him, as they should.

Dear Editor

Knee jerk reactions are the norm when people are confronted with a horror
story such as Jessica’s. Politicians-ever anxious to make a name and rep for
the public eye, throw their cape back and declare themselves “Here to save
the Day!” They quickly score points for the most draconian of laws that
under normal circumstances would at least cause the public to ponder and
debate. Decisions made from pandering to your most volatile emotions
invariably create chaos and injustice. Thus; California imprisons more
people per capita than any country in the entire world. Thus; prison guards
make more than teachers and “Prisons” become our states fastest growing
industry with income from slave labor.