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California Megan's
Law and Victim's Rights ARTICLE I, SECTION 28.
Victims' Bill of Rights.
- The People of the State of California find and declare that the
enactment of comprehensive provisions and laws ensuring a bill of rights for
victims of crime, including safeguards in the criminal justice system to fully
protect those rights, is a matter of grave statewide concern. The rights of
victims pervade the criminal justice system, encompassing not only the right to
restitution from the wrongdoers for financial losses suffered as a result of
criminal acts, but also the more basic expectation that persons who commit
felonious acts causing injury to innocent victims will be appropriately detained
in custody, tried by the courts, and sufficiently punished so that the public
safety is protected and encouraged as a goal of highest importance. Such public
safety extends to public primary, elementary, junior high, and senior high
school campuses, where students and staff have the right to be same and secure
in their persons. To accomplish these goals, broad reforms in the procedural
treatment of accused persons and the disposition and sentencing of convicted
persons are necessary and proper as deterrents to criminal behavior and to
serious disruption of people's lives.
- Restitution. It is the unequivocal intention of the People of the
State of California that all persons who suffer losses as a result of criminal
activity shall have the right to restitution form the persons convicted of the
crimes for losses they suffer. Restitution shall be ordered from the convicted
persons in every case, regardless of the sentence or disposition imposed, in
which a crime victim suffers a loss, unless compelling and extraordinary reasons
exist to the contrary. The Legislature shall adopt provisions to implement this
section during the calendar year following adoption of this section.
- Right to Safe Schools. All students and staff of public primary,
elementary, junior high and senior high schools have the inalienable right to
attend campuses which are safe, secure and peaceful.
- Right to Truth-in-Evidence. Except as provided by statute hereafter
enacted by a two-thirds vote of the membership in each house of the Legislature,
relevant evidence shall not be excluded in any criminal proceeding, including
pretrial and post conviction motions and hearings, or in any trial or hearing of
a juvenile for a criminal offenses, whether heard in juvenile or adult court.
Nothing in this section shall affect any existing statutory rule of evidence
relating to privilege or hearsay, or Evidence Code, Sections 352, 782 or 1103.
Nothing in this section shall affect any existing statutory or constitutional
right of the press.
- Public Safety Bail. A person may be released on bail by sufficient
sureties, except for capital crimes when the facts are evident or the
presumption great. Excessive bail may not be required. In setting, reducing or
denying bail, the judge or magistrate shall take into consideration the
protection of the public, the seriousness of the offenses charged, the previous
criminal record of the defendant, and the probability of his or her appearing at
the trial or hearing of the case. Public safety shall be the primary
consideration.
A person may be released on his or her own recognizance in the court's
discretion, subject to the same factors considered in setting bail. However, a
person charged with the commission of any serious felony shall be released on
his or her own recognizance.
Before any person arrested for a serious felony may be released on bail, a
hearing may be held before the magistrate or judge, and the prosecuting attorney
shall be given notice and reasonable opportunity to be heard on the matter. When
a judge or magistrate grants or denies bail or release on a person's own
recognizance, the reasons for that decision shall be stated in the record and
included in the court's minutes.
Use of Prior Convictions. Any prior felony conviction of any person in any
criminal proceeding, whether adult or juvenile, shall subsequently be used
without limitation for purposes of impeachment or enhancement of sentence in any
criminal proceeding. When a prior felony conviction is an element of any felony
offense, it shall be proved to the trier of fact in open court.
As used in this article, the term "serious felony" is any crime defined in
Penal Code, Section 1192.7(c).
Article I, Section 25
A person who is a victim of crime shall be treated with fairness, dignity,
and respect, and shall be informed of the rights accorded under this Section. As
defined by law, a victim of crime shall have the right to reasonable notice and
to be present and heard during all critical stages of preconviction and
postconviction proceedings; the right to be informed upon the release from
custody or the escape of the accused or the offender; the right to confer with
the prosecution prior to final disposition of the case; the right to refuse to
be interviewed by the accused or a representative of the accused; the right to
review and comment upon the presentence report prior to imposition of sentence;
the right to seek restitution; and the right to a reasonably prompt conclusion
of the case. The legislature shall enact laws to implement this Section. The
evidentiary and procedural laws of this state shall be interpreted in a manner
consistent with this Section.
Nothing in this Section shall inure to the benefit of an accused or to confer
upon any person the right to appeal or seek supervisory review of any judicial
decision made in a criminal proceeding. Nothing in this Section shall be the
basis for an award of costs or attorney fees, for the appointment of counsel for
a victim, or for any cause of action for compensation or damages against the
state of Louisiana, a political subdivision, a public agency, or a court, or any
officer, employee, or agent thereof. Remedies to enforce the rights enumerated
in this Section shall be provided by law.
| Contact Person: |
Lydia Pantoja - Department of Justice (Phone) 916-227-4526,
(Fax)
916-227-4345. |
| Offenders Required to Register: |
Registered adult and juvenile sex offenders; serious offenders (specific
offenses covered in California Penal Code 290), and high-risk
offenders. |
| Information Collected: |
Fingerprints, palm print, photo, drivers license number, vehicle license
plate number, vehicle description, criminal history, occupation, employer's
address, scars, marks, tattoos, other identifying information which may include
blood and saliva samples for DNA analysis. |
| Administrating Agency: |
State Department of Justice, local law enforcement. |
| Timeframe for Registration: |
Within 5 working days of entering county or city; within 5 working days of
changing address; within 90 days for transients and sexually violent
predators. |
| Applies to Out of State Offenders: |
Yes, both adults and juveniles including federal and foreign
convictions. |
| Duration of Requirement: |
Life for both adults and juveniles; juveniles may petition to have their
records sealed. |
| Verification of Address: |
Offenders update registration information annually with local law
enforcement and within 5 working days of birthday; verify address with
Department of Justice. |
| Penalties for Non-Compliance: |
If guilty of a misdemeanor, failure to register or update is a misdemeanor
up to one year in jail; if guilty of a felony or have prior failure, failure is
a felony - 16 to 36 months in state prison; mandatory 90 day imprisonment;
parole/probation revocation. |
| Access to Information: |
A law enforcement agency may disseminate California Sex Offenders information to ensure
the public safety. Serious sex offender information may be provided to public
and private schools, day care centers, persons likely to encounter the offender
and other agencies who serve individuals likely to be victimized by the
offender. In addition to the above, high-risk offender information to be
released through media to the public. Registered California Sex Offenders information can be
accessed through the (900) 448-3000 ($10 for up to two names) telephone
line and CD-ROM which is available at all Sheriff's offices and metropolitan
police department serving a population of more than 200,000. |
| Confidentiality Provision: |
Use of information to engage in illegal discrimination or harassment is
illegal; use of this information to commit a felony shall be punished by a 5
year prison term in addition to any other punishment. |
| Number Registered: |
95,401 as of 6/7/02 |
| Percent Compliance: |
72% for those released in 1981, 54% for those released in 1973 (1988
study).* |
| Internet Access: |
Contra Costa Sheriff''s Pin Map:
http://www.cocosheriff.org/ml-map_table.htm
Fremont Sexual Offender Maps:
http://www.fremontpolice.org/megan/megan.html
Fairfield Sexual Offender Maps:
http://www.ci.fairfield.ca.us/police/map_list.asp
Fresno Sexual Offender Maps:
http://www.ci.fresno.ca.us/fpd/meganlaw/index.asp
Glendale
Police Department's Megan's
Law Web Site
http://police.ci.glendale.ca.us/copps/megan.asp
Lemoore Sexual Offender Maps:
http://www.lemoore.com/lpd/so_map.htm
Long Beach Police Department's Megan's Law Web Site
http://www.longbeachpd.org/megan.htm
Los Angeles County Shariff's Department:
http://lasd.org/lasd_services/megans_law.html
Los
Angeles County Sex Offender
Maps:
http://gismap.co.la.ca.us/sols/default.htm
Merced County High Risk Sex Offenders:
http://www.co.merced.ca.us/da/so_high_risk.htm
Monterey County Sherrifs Office: http://www.co.monterey.ca.us/sheriff/mcso/index6.htm
Newark Sex Offender Locator:
http://www.newark.org/pd/pdmeg.html
Orange County:
http://www.ocsd.org/Investigations/SonarMegansLaw.asp
http://maps.digitalmapcentral.com/DSU/Megan/OC_CA/OCSD.html
Placer
County Sexual Offender Maps:
http://www.placer.ca.gov/sheriff/aware/290/290reg.htm
Placerville Sexual Offender Maps:
http://www.hangtowncops.org/meganslaw.html
Pleasanton Sexual Offender Maps: http://www.ci.pleasanton.ca.us/police_ml_01.html
Redding Sexual Offender Maps:
http://ci.redding.ca.us/rpd/rpdmegan.htm
Riverside County:
http://216.57.210.151/riverside/
San Diego City "High Risk" and "Serious" Registered Sex Offender Map
http://sandiego.gov/police/newsflash/sexoffender.shtml
San
Diego County "High Risk" and "Serious" Registered Sex Offender Map
http://www.arjis.org/SDCRPinMapEntry.html
Santa Clara County Sheriff's Office, City of Cupertino
http://photos.yahoo.com/cupertinopolice
Santa Rosa Sexual Offender Maps:
http://ci.santa-rosa.ca.us/pd/290pc/290faq.html
Temecula Sex Offender Maps:
http://www.cityoftemecula.org/safety/maps.htm
Turlock:
http://www.ci.turlock.ca.us/citydepartments/policedepartment/fieldoperations/meganslaw/ |
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