Megan's Law still evolving

"Some agencies are ahead of us, some are behind us," said San Mateo County Sheriff's Office Sgt. Art Martinez, who oversees the county's Sexual Habitual Offender Program. "But it's something people utilize, more than any other program. A lot of people do view it. Most people are just wondering how many sex offenders are in that area. Obviously, the numbers change."

The number of sexual registrants living in San Mateo County has grown between 100 and 150 since 2000, Martinez said.

Of the three counties on the San Francisco peninsula, San Mateo County sits right in the middle when it comes to the number of sexual registrants living inside its boundaries.

The largest of the three counties with a population of 1.7 million, Santa Clara County has the most sexual registrants living within county lines with 4,192, more than double that of San Mateo and San Francisco combined. San Jose alone has a little more than 2,700 registrants. San Mateo County is next with 1,002 registrants, about 72 more than San Francisco.

Named after Megan Kanka, a 7-year-old New Jersey girl who was raped and killed by a child molester who moved into her neighborhood without her parents' knowledge, Megan's Law intends to inform the public, as long as the public makes the effort to access the information. In California, sex offenders have had to register with law enforcement for 50 years. But only in the past seven years has the information been available to the public. Offenders must register annually within five days of their birthday for the remainder of their lives.

Each of the 23 law enforcement agencies in the county is responsible for receiving sexual offender registrations in their jurisdiction, but not every agency has a specific Megan's Law terminal.

Where Martinez calls the law a work in progress is in the number of loopholes in the legislation's wording.

"The Megan's Law registration form has changed several times. Originally, there were loopholes in the code," Martinez said. "It allowed people to hire a lawyer and work those gaps."

One example Martinez gave of a closed loophole was for an offender who resides in Sonoma County, but commute to San Mateo County. With a part-time residence in San Mateo, that person did not have to register in San Mateo County. Now, the state recognizes two separate residences. Before the change in the law, offenders were only required to register in the jurisdiction of the primary residence.

Last month, Martinez and the two detectives working for him started making contact with sex offenders in their jurisdiction - about 65 in unincorporated San Mateo County - to verify they are where they say they are.

"Out of 10 contacts, we've already filed one criminal complaint," Martinez said. "It's just one way we monitor where they're at and where they are living. I feel [Megan's Law] is working."

The personal contact has worked in San Francisco where police there have a 96 percent compliance rate, said San Francisco police Inspector Jim Zerga.

"I know where everybody is," Zerga said. "But you can't tell [the number of registrants] until you clean up the entire database. Three years ago we showed 2,000 [registered sex offenders]" which he said was misleading.

Now, the numbers are more accurate, Zerga said. Of the 930 registrants, 780 are viewable to the public. Those include the high-risk offenders - those with multiple convictions and more serious crimes such as rape. Serious offenders are also listed, but those convicted of misdemeanor are not disclosable. However, some serious offenders plead their crimes to misdemeanors.

Zerga said his unit verifies registrants' residence every six weeks, targeting about 80 addresses at a time. Among those regularly checked are high-risk offenders, which number more than 30 in the city.

All 10 police stations have Megan's Law terminals which are accessible 24 hours a day, Zerga said. Approximately 400 people accessed the information last year in San Francisco. People who view Megan's Law information can access name, general information on the crime and any physical descriptions of offenders who live in their zip code. In California, they cannot take notes, nor can they look for more than 15 minutes in a 24-hour period.

California is one of 18 states to not post sexual offender information on the Internet, but, ironically, one of the growing trends of sexual criminal activity is taking place over the Internet. Martinez said that has to do with the fact that Megan's Law is not intended to punish the offender. Not posting information is also preventative as it aims to keep offenders from contacting others or being contacted. Whenever someone makes a request for Megan's Law information, they must register themselves. Sex offenders are not allowed access to the information. However, Martinez, said, Internet posting of Megan's Law may be changing in California.

"For a lot of them it impacts their entire life. If they made a bad decision 20 years ago, they're still impacted by their mistake," Martinez said. "But I've learned people have a propensity to commit a similar type offense again."

inform the public, as long as the public makes the effort to access the information. In California, sex offenders have had to register with law enforcement for more than 50 years. But only in the past seven years has the information been available to the public. Offenders must register annually within five days of their birthday for the remainder of their lives.

Each of the 23 law enforcement agencies in the county is responsible for receiving sexual offender registrations in their jurisdiction, but not every agency has a specific Megan's Law terminal.

Where Martinez calls the law a work in progress is in the number of loopholes in the legislation's wording.

"The Megan's Law registration form has changed several times. Originally, there were loopholes in the code," Martinez said. "It allowed people to hire a lawyer and work those gaps."

One example Martinez gave of a closed loophole was for an offender who resides in Sonoma County, but commute to San Mateo County. With a part-time residence in San Mateo, that person did not have to register in San Mateo County. Now, the state recognizes two separate residences. Before the change in the law, offenders were only required to register in the jurisdiction of the primary residence.

Last month, Martinez and the two detectives working for him started making contact with sex offenders in their jurisdiction - about 65 in unincorporated San Mateo County - to verify they are where they say they are.

"Out of 10 contacts, we've already filed one criminal complaint," Martinez said. "It's just one way we monitor where they're at and where they are living. I feel [Megan's Law] is working."

The personal contact has worked in San Francisco where police there have a 96 percent compliance rate, said San Francisco police Inspector Jim Zerga.

"I know where everybody is," Zerga said. "But you can't tell [the number of registrants] until you clean up the entire database. Three years ago we showed 2,000 [registered sex offenders]," which he said was misleading.

Now, the numbers are more accurate, Zerga said. Of the 930 registrants, 780 are viewable to the public. Those include the high-risk offenders - those with multiple convictions and more serious crimes such as rape. Serious offenders are also listed, but those convicted of misdemeanor are not disclosable. However, some serious offenders plead their crimes to misdemeanors.

Zerga said his unit verifies registrants' residence every six weeks, targeting about 80 addresses at a time. Among those regularly checked are high-risk offenders, which number more than 30 in the city.

All 10 police stations have Megan's Law terminals which are accessible 24 hours a day, Zerga said. Approximately 400 people accessed the information last year in San Francisco. People who view Megan's Law information can access name, general information on the crime and any physical descriptions of offenders who live in their zip code. In California, they cannot take notes, nor can they look for more than 15 minutes in a 24-hour period.

California is one of 18 states to not post sexual offender information on the Internet, but, ironically, one of the growing trends of sexual criminal activity is taking place over the Internet. Martinez said that has to do with the fact that Megan's Law is not intended to punish the offender. Not posting information is also preventative as it aims to keep offenders from contacting others or being contacted. Whenever someone makes a request for Megan's Law information, they must register themselves. Sex offenders are not allowed access to the information. However, Martinez, said, Internet posting of Megan's Law may be changing in California.

"For a lot of them it impacts their entire life. If they made a bad decision 20 years ago, they're still impacted by their mistake," Martinez said. "But I've learned people have a propensity to commit a similar type offense again."