December 25, 2003


San Jose leads state in posting high-risk sex offenders database on Web
Database indicates no high-risk residents in Almaden Valley area

By Candy Richter
Staff Writer

In response to a November ruling by the San Jose City Council, the San Jose Police department placed its high-risk sex offender database in easy reach of the public through its new Web site, www.sjpd.org.

In an unveiling ceremony that took place Dec. 18 at the police administration building in San Jose, Mayor Ron Gonzales, Vice Mayor Pat Dando, and members of the city council joined the San Jose Police Department as they presented the new online database that provides names, photographs, crimes and both the street and block number of approximately 54 high-risk sex offenders that reside in San Jose and adjoining areas.

Although the system, which was put in place as the latest response to the 1996 Megan’s Law ruling which requires convicted sex offenders to register their whereabouts, only lists the high-risk offenders, it is seen by law enforcement and city officials as a significant step in public awareness and protection.

“Protecting our residents and families in our neighborhoods is our first priority,” said Gonzales. “Providing instant online access to the most current information available on sexual predators in our community helps us achieve this goal.”

While Megan’s Law is a federally mandated policy, it has been up to each individual state to interpret how sexual predator information is kept and accessed.

In California, the information access process has, until now, been cumbersome and lacking in important details. Obtaining records meant a trip to the police department to wade through information that for the most part was inaccurate, sketchy and thus nearly useless in its intended purpose—to help the public safeguard against sexual predators in their communities.

“Sex offenders are one of the most difficult criminal populations to rehabilitate,” explained Dando. “That’s why it’s crucial we use all legal measures to protect our residents, especially our kids. Parents deserve east access to this information to be aware of dangerous predators who may be living close to parks, libraries, and schools in their neighborhoods.’

One of the key elements in making information available to the general public has been the issue of legality. Under current California legislature, only the high-risk sex offenders can be listed in a publicly accessed database.
“The state law doesn’t provide for any other category except the highest risk [sex] offenders to be listed. There are much stricter guidelines for others,” said San Jose Detective Jim Menard. “The idea is to strike a balance between the information available and state law. Traditionally, the 9th Circuit Court of Appeals has been a very liberal court. We don’t want our state’s Megan’s Law to be overturned because of an appeal brought before that body because of a perceived privacy violation.”

However, Menard also noted that the current public outcry to have more information on all sex offenders readily available to the public has sparked a move to change state legislation. “Absolutely there is a movement in that direction,” said Menard. “Our district attorney is spending time in Sacramento looking at ways to change and improve this process for the future.”

In fact, earlier this year, the San Jose City Council also expressed its deep concerns to the California legislature and Attorney General Bill Lockyer regarding the current tracking system, the strain on local government to track sex offenders, and the importance of having a comprehensive and reliable statewide system for all communities.

Addressing concerns over the possibility of vigilantism that could arise from a more extensive and detailed sex offender database, Menard explained that while there are numerous examples supporting increased availability of this information, there a virtually no examples of increased awareness resulting in a increase in vigilante-style retaliation.

Until legislative changes free up the state’s options in this area, San Jose’s online database will only list the high-risk sex offenders—those with two or more convictions. To access additional information, individuals who are over the age of 18, have a valid driver’s license, and are not themselves a registered sex offender, must visit a sheriff’s office or police station to view Megan’s Law information on a CD, usually during limited hours and for a limited time.

When asked about the omission of certain zip codes from the online database—95120 being one—Menard stressed that in the interest of saving time, a few shortcuts were used. “There were a couple of zip codes omitted, and there are a few zip codes that are not accessible when you click on them. This simply means that there are no high-risk offenders in those areas.”

The San Jose Police Department has a specialized unit of officers that track sex offenders registered in the city. The six-member “290 Team” named after the penal code section under which sex offenders must register, was created in 1998.

In 2003 alone, the team has made 78 felony arrests, 11 misdemeanor arrests, and issued 85 warrants. Lockyer has praised the work of San Jose Police as a statewide model that should be replicated in other cities.