To: HONORABLE MAYOR AND From: Betsy Shotwell

CITY COUNCIL

Subject: SEE BELOW Date: 09-22-03

SUBJECT: ACCEPTANCE OF DRAFT LETTER TO GOVERNOR AND THE STATE LEGISLATURE SUPPORTING THE RECONVENING OF THE CURRENT 2003 LEGISLATIVE SESSION FOR PURPOSES OF PASSING LEGISLATION WHICH WOULD EXTEND THE OTHERWISE JANUARY 1, 2004 SUNSET OF MEGAN’S LAW

RECOMMENDATION:

That the City Council accept the draft letters to the Governor and the State Legislature supporting the reconvening of the current 2003 Legislative Session for purposes of passing legislation which would extend the otherwise January 1, 2004 sunset of Megan’s Law. (Attachment)

BACKGROUND:

On September 17, the Rules Committee recommended that staff compose a letter to the Governor and the State Legislature indicating the City of San Jose’s concerns over the pending sunset of Megan’s Law on January 1, 2003. Legislation to extend the law to 2007, AB 1313 (Parra), failed passage in the Legislature on September 13 by a vote of 51-0, three votes short of the necessary two-thirds required for passage. If passed into law, AB 1313 would have also allowed college campus police agencies to release sex offender information. Without the extension, the program implemented under Megan’s Law will end immediately, and California could lose more than $5 million in federal funding for State and local law enforcement. To avoid losing these funds, the Legislature must act on extending the Megan’s Law sunset date by October 1, 2003.

ANALYSIS:

In 1996, legislation was passed that allows for public access to California’s registry of about 100,000 sex offenders. Existing law requires the Department of Justice to continually compile specified information categorized by community of residence and zip code regarding any person required to register as a sex offender for a conviction for the commission or attempted commission of any specified sex offense. Existing law requires the Department of Justice to provide CD-ROM or other electronic medium containing a specified portion of the compiled sex offender information to certain law enforcement agencies. AB 1313 if passed, would have extended the expiration of these provisions to January 1, 2007.

All fifty states have enacted similar legislation that allows the pubic access to information about registered sex offenders living in their communities. Unless Megan’s Law sunset date is extended, California would be the only state in the nation that does not provide information about registered sex offenders to the public.

On September 17, the Governor called on the State Legislature to reconvene its’ session to extend the sunset date of California’s Megan’s Law. Staff has learned that the Assembly may reconvene itself on September 29^th or 30^th to take action to concur in the Senate’s amendments to AB 1313, and send the bill on to the Governor for signature. This action would not require the Senate to reconvene since the Senate has already acted on the bill.

As stated in the Council’s Legislative Priorities for 2003 concerning sex offenders, support for legislation was indicated that would “enable local law enforcement agencies to keep our community better informed about the presence of sex offenders in our neighborhoods, strengthening San Jose’s already excellent record on this issue.” To that end, the Rules Committee also requested staff to work with the Police Department on bringing to the Rules Committee consideration of suggested elements to improve and update the current system of allowing public access to the State’s registered sex offenders.

Recommendation: Approval of the letters attached in support of the Legislature reconvening to pass AB 1313 to extend the otherwise January 1, 2004, sunset of Megan’s Law to January 1, 2007.

COORDINATION:

This memorandum was coordinated with the City Attorney’s Office, the Police Department and the City’s Legislative Representative in Sacramento.

BETSY SHOTWELL

Director, Intergovernmental Relations

Attachment