05/15/2006 Print Version
WHEREAS, it is the primary role of government to ensure the public safety; and
WHEREAS, the California Department of Corrections and Rehabilitation, upon release of an inmate to parole, is required by law to return the offender to his/her county of last legal residence, with certain exceptions, pursuant to Penal Code Section 3003(a); and
WHEREAS, the Department of Corrections and Rehabilitation is required by law to notify local law enforcement, district attorneys, specified witnesses and victims of crime 45 days prior to the release of a sex offender, pursuant to Penal Code Sections 3058.6 and 3058.8; and
WHEREAS, as of January 1, 2006, pursuant to Penal Code Section 3003(g)(2), high risk sex offenders are prohibited from living within one-half mile of any private or public K-12 school; and
WHEREAS, Penal Code Section 3003(g)(1) prohibits placement of sex offenders within one-quarter mile of any private or public K-8 school; and
WHEREAS, prior to the placement of a high risk sex offender, the Department of Corrections and Rehabilitation must consider proximity to the victim, day care facilities, schools, and/or parks; and
WHEREAS, state law requires certain sex offenders to register with local law enforcement within five days of placement, change of address, or homelessness and registered sex offenders must update registration at least annually within five days of their birth date; and
WHEREAS, Megan’s Law is an important public safety tool that requires the information of certain sex offenders’ conviction, physical description, and home address to be listed and available to the general public. Since 2005, this information is available via the Internet; and
WHEREAS, a comprehensive and consistent placement and supervision policy should be developed with input among all entities responsible for public safety within each community, including but not limited to police chiefs, sheriffs, district attorneys, parole agents, probation officers, and local and state officials.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California do hereby issue this Order to become effective immediately:
1. The Secretary of the California Department of Corrections and Rehabilitations shall create a High Risk Sex Offender Task Force to review the current statutory requirements and departmental policies on notification, placement, monitoring, and enforcement of parole policies with regard to high risk sex offenders and provide recommendations to improve each.
2. The High Risk Sex Offender Task Force membership shall include:
a. Two representatives from the California State Legislature, who will serve as co-chairs
b. California District Attorneys Association, president or his/her designee
c. California State Sheriffs Association, president or his/her designee
d. California Police Chiefs Association, president or his/her designee
e. Chief Probation Officers of California, president or his/her designee
f. League of California Cities, president or his/her designee
g. California State Association of Counties, president or his/her designee
h. Secretary of the California Department of Corrections and Rehabilitation, or his designee
i. Director of the Division of Adult Parole Operations, Department of Corrections and Rehabilitation, or his designee
j. Representative of victims of violent crimes
k. Other representatives to be determined by the Secretary of the Department of Corrections and Rehabilitation
3. The High Risk Sex Offender Task Force shall provide the Secretary of the Department of Corrections and Rehabilitation, as well as the Governor and Legislature, with recommendations to improve departmental polices related to the placement of high risk sex offenders in local communities thereby ensuring public safety is not compromised. The High Risk Sex Offender Task Force shall submit its recommendations no later than August 15, 2006, in the following four areas:
a. Notification to local law enforcement and officials prior to release from a state correctional institution;
b. Placement planning for paroled sex offenders that is compliant with state law, and consistent with public safety;
c. Monitoring and supervision of high risk sex offenders; and
d. Enforcement of all parole requirements and special conditions of parole.
4. The High Risk Sex Offender Task Force shall be disbanded once recommendations are delivered.
IN WITNESS WHEREOF I have here unto set my hand and caused the Great Seal of the State of California to be affixed this the fifteenth day of May 2006.
/s/ Arnold Schwarzenegger
Governor of California
