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CC - Item 6B - Ordinance No. 975 Repealing Chapter 9.30 Titled Residency Restrictions for Registered Sex Offenders From Rosemead Municipal Code 1ROSEMe S ° !4 RO ° MEAD CITY COUNCIL STAFF REPORT 41 ,7;t17 4t-o,RA �,O _______,/, TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: RACHEL RICHMAN, CITY ATTORNEY DATE: SEPTEMBER 12, 2017 SUBJECT: ORDINANCE NO. 975 REPEALING CHAPTER 9.30 TITLED RESIDENCY RESTRICTIONS FOR REGISTERED SEX OFFENDERS FROM THE ROSEMEAD MUNICIPAL CODE SUMMARY In November 2006, Proposition 82 ("Jessica's Law") was passed by the voters. Jessica's Law amended Penal Code Section 3003.5 to prohibit more than one registered sex offender on parole from residing in any single family dwelling (unless legally related by blood, marriage or adoption) and to prohibit registered sex offenders from residing within 2,000 feet of a public or private school or park where children regularly gather. Additionally, it authorized municipal jurisdictions to enact ordinances that further restrict the residency of any registered sex offender. However, recent case law has called into question the constitutionality of sex offender residency restrictions. DISCUSSION Based on the authority provided by Penal Code Section 3003.5 the City adopted an ordinance, codified at Municipal Code section 9.30, that prohibits any registered sex offenders from residing within 2,000 feet of a school, park, child care center, school bus stop, children's playground, or any location that facilitates classes or group activities for children. Recent case law has called into question the constitutionality of sex offender residency restrictions under Penal Code Section 3003.5(c). In March 2015, the California Supreme Court decided In Re Taylor ((2015) 60 Ca1.4th 1019). In that case, the Court held the California Department of Corrections and Rehabilitation's (CDCR) enforcement of the residency restrictions in Penal Code Section 3003.5 against sex offender parolees in San Diego County was unconstitutional. The Court found the residency restrictions, as applied and enforced in San Diego County "hampered efforts to monitor, supervise, and rehabilitate such parolees in the interests of public safety, and as such, bears no rational relationship to advancing the state's legitimate goal of protecting children from sexual predator." This conclusion was based in part on studies and reports released after the passage of Jessica's Law indicating that such residency restrictions have not improved public safety. The evidence suggests that residency restrictions ITEM NUMBER: 693 City Council Meeting September 12,2017 Page 2 of 2 have the unintended consequences of increasing homelessness among registered sex offenders, thereby actually threatening public safety. Convicted sex offenders who are homeless are not only more difficult to supervise than those who have established residences, they are also more likely to reoffend and less likely to receive critical rehabilitative services. In May of 2017 the City received a letter from the Law Office of Janice M. Bellucci threatening legal action against the City challenging the City's residency restrictions for sex offenders based on In re Taylor and a later appellate case titled People v. Lynch which held that residency restrictions can only be lawfully applied to sex offenders while they are on parole. In addition, due to the constitutional questions surrounding sex offender residency restrictions and the evidence that they are ineffective, the Sheriffs Department has not been enforcing the City's sex offender ordinance. After careful consideration of the growing evidence from experts in the field suggesting that such policies could threaten public safety in our community, and of the recent court decisions that bring into question the City's authority to enforce blanket residency restrictions, Staff recommends that the City Council repeal its sex offender residency restrictions. In the event the law changes were such restrictions are again permitted we would bring back an ordinance to implement such restrictions. STAFF RECOMMENDATION It is recommended that the City Council introduce for first reading, by title only, Ordinance No. 975, entitled: AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD REPEALING CHAPTER 9.30 TITLED RESIDENCY RESTRICTIONS FOR REGISTERED SEX OFFENDERS FROM THE ROSEMEAD MUNICIPAL CODE FISCAL IMPACT-None STRATEGIC PLAN IMPACT -None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Rachel Richman, City Attorney Attachment: Ordinance No. 975 E M S F .7O � ce Cfifi O CIVIC PRIDE NI ....•IV.II"..". Orr NCDRPpRATEo 59 Attachment Ordinance No. 975 ORDINANCE NO. 975 AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD REPEALING CHAPTER 9.30 TITLED RESIDENCY RESTRICTIONS FOR REGISTERED SEX OFFENDERS FROM THE ROSEMEAD MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. A. On November 7, 2006 the voters of the State of California approved Proposition 83, the Sexual Predator Punishment and Control Act, with the intent to better protect Californians, and children in particular, from sex offenders. Following the adoption of Proposition 83, the City of Rosemead, like many other cities in the State of California, adopted an ordinance that prohibits any registered sex offender from residing in certain locations within the City. B. Studies conducted after the adoption of Proposition 83 indicate that the Proposition has not improved the protection of persons from registered sex offenders, and case law has called into question the constitutionality of enforcing Proposition 83. In its September 2011 Report entitled "Homelessness Among California's Sex Offenders," the California Sex Offender Management Board concluded that there is no evidence that residency restrictions prevent or deter sex crimes against children. In fact,the Board has found evidence that residency restrictions actually have the unintended effect of increasing the likelihood of re-offense because the restrictions push the offenders into homelessness, and stable housing has been shown to be a key factor in reducing recidivism. Based on these facts, the California Supreme Court in In Re Taylor found Proposition 83 to violate the U.S. Constitution as applied in San Diego County. C. On May 21, 2017 the City received a letter from the Law Office of Janice M. Bellucci threatening legal action against the City challenging the City's residency restrictions for sex offenders based on In re Taylor and a later appellate case titled People v. Lynch which held that residency restrictions can only be lawfully applied to sex offenders while they are on parole. D. Based on these facts, the City Council finds that this ordinance is necessary for the preservation of the public peace, health, and safety. SECTION 2. Repeal of Chapter 9.30. Chapter 9.30 of the Rosemead Municipal Code is hereby repealed. SECTION 3. Environmental Determination. The City Council exercises its independent judgment and finds that this ordinance is exempt from environmental review. The ordinance involves updates and revisions to existing regulations, and it can be seen with certainty that the text amendments will have no significant negative effect on the environment, per CEQA Guidelines, Section 15061(b)(3). SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. SECTION 6. Effective Date. This Ordinance shall take effect thirty (30)days from its passage by the City Council of the City of Rosemead. PASSED, APPROVED AND ORDAINED this 12th day of September, 2017. Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing Ordinance No. 975, was introduced at a regular meeting of the City Council of the City of Rosemead held on the 12`h day of September, 2017 and was adopted by the City Council of the City of Rosemead at a regular meeting held the XX day of XX, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Clerk