Title
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.80 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO SEX OFFENDER RESIDENCY RESTRICTIONS (FIRST READING)
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RECOMMENDED ACTION
Recommended Action
Council place the ordinance on first reading.
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SUMMARY
Recent California court decisions have held that sex offender residency restrictions determined on an individualized probation or parole basis are permitted, but that laws placing a residency restriction uniformly on all sex offenders are unconstitutional. As a result, it is necessary and appropriate for the City to modify chapter 9.80 to remove the blanket residency restriction applicable to all Penal Code 290 registrants.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the activity consists of administrative/fiscal actions that will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The City of Chula Vista adopted Chula Vista Municipal Code (“CVMC”) chapter 9.80 in March 2006 to impose local residency restrictions on sex offenders in the interest of public safety. CVMC chapter 9.80 applies to all individuals who have committed a sexual offense against or involving a minor for which the person must register as a sex offender pursuant to Penal Code section 290. The chapter prohibits such individuals from residing within 500 feet of a school (grades K-8) or a park.
In 2015, the California Supreme Court held in In re Taylor, a case involving San Diego County, that an ordinance placing a blanket residency restriction on all sex offenders was unconstitutional and adversely impacted public safety. The California Supreme Court based its decision on the fact that the uniform residency restriction limited available housing for sex offenders; negatively impacted offender access to transportation, employment, and social services; and resulted in a significant increase in homelessness among the sex offender population, making them more difficult to track and monitor. Although the court struck down blanket residency restrictions, the court affirmed that the California Department of Corrections maintains authority to impose restrictions on registered sex offenders in the form of discretionary parole conditions, including residency restrictions, as long as they are based on and supported by the individualized circumstances of each individual parolee.
In 2016, the California Court of Appeals for the Fourth District, in People v. Lynch, struck down application of a blanket residency condition to a probation case involving a sex offender, finding that the application of a uniform condition interferes with the policies of probation departments to fashion individual probation conditions based on the specific facts of each individual case and to utilize the individual expertise of local supervisors familiar with community housing conditions.
Finally, in January 2016, the California Sex Offender Management Board, created by the California Legislature to study and recommend best policies related to sex offender management issues, issued a letter and clear recommendations to the California Assembly Public Safety Committee explaining that research and scientific evidence have concluded that sex offender residency restrictions are not effective and, in fact, increase the risk of sexual recidivism. The letter and research summaries submitted to the Assembly are attached to this staff report for the Council’s further information.
In light of these court decisions and the recommendations of the Sex Offender Management Board, it is necessary and appropriate for the City to modify Chapter 9.80 to remove its blanket sex offender residency restriction. Penal Code section 290, which requires sex offenders to register with local law enforcement, will remain in place. As a result, sex offenders will still be required to register with local law enforcement when moving into the City, moving out of the City, and during regularly specified intervals while residing in the City. Registration requirements include an in person appointment at the police department, collection of housing, employment, and vehicle information, a photograph of the registrant, and collection of the registrant’s fingerprints. Such information will continue to be uploaded into several shared law enforcement databases, and the Chula Vista Police Department will continue to maintain and enforce such registration requirements. The City of Chula Vista Police Department currently reports a sex-offender registration compliance rate of above 90%. In addition to local registration and monitoring, individualized probation or parole conditions, including residency requirements and GPS monitoring as determined by the applicable state or county agency, will remain in effect for sex offenders living in the City of Chula Vista.
Staff recommend that the City Council amend CVMC 9.80 to remove its blanket residency restriction provision and to affirm the City’s commitment to public safety by enforcing sex offender registration requirements, by cooperating with other state and local agencies involved in sex offender monitoring and enforcement, and by reporting any enforcement issues to the City Manager or City Council.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The amendment of Chapter 9.80 supports the Operational Excellence goal as it brings the Chula Vista Municipal Code into compliance with recent state court decisions and reduces potential liability to the City.
CURRENT YEAR FISCAL IMPACT
The subject amendment to Chapter 9.80 results in no current year fiscal impact to the City.
ONGOING FISCAL IMPACT
The subject amendment to Chapter 9.80 results in no ongoing fiscal impact to the City.
ATTACHMENTS
1. Ordinance
2. California Sex Offender Management Board January 6, 2016 Letter and Considerations to the Assembly Public Safety Committee
Staff Contact: Glen Googins; Roxana Kennedy; Megan McClurg; Kenneth Hicks