Hope is not a plan

Proposition 83: Sex Offenders. Sexually Violent Predators. Punishment, Residence Restrictions and Monitoring. Initiative Statute. - recommend No (I changed my recommendation on this given doubts about the GPS and residency requirements)

Prop 83, called "Jessica's Law" by its proponents, is a prop that would restructure a number of sex-offense-related penalties, modify how sex offenders are treated after their jail time is done, and build a GPS tracking system for registered sex offenders.

Prop 83 modifies a reasonably large chunk of the penal code as it relates to sex crimes. Among the notable changes:

• An attempted sexual assault during a home invasion would rate life with the possibility of parole
• The age gap to quality for "aggravated sexual assault of a child" (under 14) would be reduced from 10 years to 7 years (that is, if you are 7 or more years older than the child, it becomes an "aggravated" assault)
• Possession of child pornography would automatically be a felony
• Attempting to contact a minor with intent to commit various offenses would qualify as "intent to commit" those offenses (this is geared toward allowing prosecution of people attempting to pick up kids online)
• The definition of "violent felony" is amended to include sodomy and oral copulation committed with a threat of future retaliation (that is, a threat such as "If you resist, I'll come back later and kill you" would automatically up the crime from a felony to a "violent felony"). Prior "violent felonies" in a criminal record lead to longer sentences for any subsequent offenses
• It would remove a ten year "timeout" on consideration of prior convictions in enhancing (adding to) jail time for new convictions
• It would add "spousal rape" to the list of crimes that, as prior convictions, lead to enhanced prison sentences
• It would increase certain fines for sex offenses
• It expands the list of circumstances that can bump up penalties for sex offenses -- the most notable addition here being that administration of a controlled substance is one of these penalty enhancers, even if it was administered without threat (previously, administration of a controlled substance was only an enhancer if a threat was used to make the person take it)
• It would increase the length of parole for people released from "life" convictions from 5 to 10 years
• It would increase the prohibited zone (in which sex offenders can not life) around public parks and schools from about 1,300 feet to 2,000 feet.
• Along with a few other things, the other two big features are the GPS system and a reworking of psychiatric holds on sex crime convicts, as I'll discuss below

Under certain circumstances, a person can be defined as a "sexually violent predator" (SVP) and held in a psychiatric facility after their jail time is completed. The current rules for classifying someone as an SVP require two victims during separate crimes and a mental health determination. Prop 83 would revise this to require only one victim. Also under current law, someone classed as an SVP receives a court hearing every two years to determine if they should still be held in a psychiatric facility. Prop 83 would revise this regulation to no longer require the biannual court review, instead requiring an annual medical determination.

Prop 83 would also require GPS tracking of certain sex offenders. Specifically, GPS tracking would be required for parolees during the period of their parole, and for registered sex offenders for the duration of their registered time. Note that in many cases, this means the person will be subject to GPS monitoring for life, as their status as a registered sex offender is lifelong. The estimated cost of this monitoring is on the order of $200 million or more per year. Offenders subject to monitoring would be required to cover the cost of their monitoring, subject to their ability to pay. In addition, certain fines for sex offenses would be bumped up by $100-300, with the added money going to DNA testing labs, the DoJ DNA testing fund, and to the monitoring effort.

There are quite reasonable arguments for and against certain components of Prop 83. Opponents argue that habitual sex offenders habitually avoid registration anyway, so the GPS system will not help. In addition, there are complaints that certain offenses (primarily statuatory rape) will lead to lifelong complications for people, as it will prevent them living near schools and parks. Arguments for Prop 83 hinge on the promise of increased protection against sex crimes, especially protection of children.

I am not a big fan of the police state concept. California's prisons are overflowing, including a lot of people whose primary crime is being an addict. That said, sex offenders -- especially those who qualify as "violent" under the current (or Prop 83-modified) penal code are exactly who should be occupying our prisons. The strength of Prop 83, for me, is its enhancement of penalties for sex offenses, including psychiatric containment for the specific subset of sexually violent predators. It is possible that these are individuals who can be rehabilitated, but they're toward the end of a long, long line of more viable prospects such as addicts and petty criminals. Maybe one day we'll work our way through that list, but in the meantime I prefer not to take it on faith that violent sex offenders are all better just because they've been in prison for a decade.

Financial support for Prop 83 includes a lot of people you'd expect it to -- police agencies, sheriff's groups and so forth -- and a couple I didn't expect to find. Notable standouts giving large donations include the Viejas Band of Kumeyaay Indians and Desert Valley Medical Group in Victorville, CA. I was so curious about both groups (each gave $150,000) that I called them up to see if they had anything to say on the topic. Although Desert Valley had no prepared comment, the Viejas Band was pleasingly responsive. Bob Scheid, in charge of press and media relations, was good enough to get back to me and explain why Viejas was involved in this proposition.

Paraphrasing our telephone conversation: The Viejas band has a well-known reputation for nurturing children and honoring elders. Although this latter aspect of tribal life -- honoring elders -- is more commonly known, Viejas has a strong commitment to education and healthcare for its kids, as part of their goal of nurturing and protecting future leaders in the tribe and in the community. When they saw the initial petition going around for this proposition, they decided that it fit with their priorities, and that they wanted to see it receive a public hearing and debate. That's why they helped in the drive to get it on the ballot (something I didn't know they were involved in). As Mr. Scheid said, "the timing and the issue were right."

I'd like to thank Mr. Scheid and the Viejas people in general for being so responsive to a random private citizen calling to ask them about their politics.

My conclusion about Prop 83 is that I am fully in favor of the extended penalties and the changes to the psychiatric hold policy for sexually violent predators. I am unsure whether the $200 million annual outlay for the GPS will really yield enhanced protection, and I imagine it will receive some amount of legal challenge before it is enacted.

Edit: Following convincing arguments, I think the GPS program will probably not do much to help with the problem of sexual predators, and the new residency requirements will literally force registered offenders out of cities (which might drive them into other states -- I'm not sure what happens then). I still really want to see a package of enhanced penalties and the ability to hold violent offenders indefinitely based on medical cause, but I think the GPS system and residency rules represent too heavy a burden to go with those benefits. Thus, I've decided to vote against 83.

You can see who's supporting the effort for Prop 83 here.

You can read the full text of the proposition here.

You can read my reviews and recommendations for the other propositions by clicking here.