Tehachapi News

Kern County Supervisors are mulling over a proposal to repeal an ordinance that restricts where registered sex offenders can live. The problem, say supervisors who represent areas like Tehachapi, is that the ordinance makes metropolitan areas off-limits and pushes the problem into outlying areas.

The board approved the ordinance June 3 by a 3-2 vote, but shortly thereafter, supervisors Jon McQuiston and Don Maben -- joined by Ray Watson, who originally had voted for it -- were asking the full board to repeal it.

“There’s not much space left in the metropolitan area that they can live in,” said Maben, who had asked for clariication of the legal meaning of licensed day care facilities and other issues left unresolved while the state Supreme Court considers Jessica’s Law, which establishes residency rules for sex offenders.

“Some issues are being challenged. We will get clarification,” Maben said.

In the meantime, County Counsel Bernard C. Barmann submitted a memorandum to the supervisors on July 15 summarizing the legal complications of the ordinance.
“As we have said,” Barmann wrote, “as goes the fate of Jessica’s Law, so goes the fate of our ordinance. Further, given the legal uncertainties and practicalities involved, we have doubts as to whether the District Attorney’s Office would elect to prosecute a state parole agent for violation of the new ordinance.”

The county ordinance prohibits registered sex offenders from moving to within 2,000 feet of any licensed day care facility within the unincorporated area of the county. The effect of the ordinance, according to County Counsel, is to prevent offenders from moving into 74 percent of the 54,000 residential parcels in the unincorporated area of the county.

Tehachapi Police Chief Jeff Kermode said, “there are a lot of constitutional questions...Jessica’s Law doesn’t give us enforcement tools. The county law (new ordinance) faces some of the same issues.

The county ordinance, he said, will have more of an effect on uncorporated areas rather than smaller cities, that can enact their own ordinances.

“It may force small cities to pass similar ordinances,” Kermode said. “Shafter passed an ordinance six months ago with specific distance requirements. Arvin considered one but the city council has not acted on it.”

Jessica’s Law, he said, “states that local jurisdictions can create additional regulations.” Parolees, he said, are closely monitored by the state.

“My bigger concern is that lifetime registrants are no longer on parole and under state supervision.”

(Offenders in the county are on probation and are supervised by the county).
Ultimately, the sex offender parolees and those on probation will be without supervision three years after their release.

According to the Megan’s Law web site, 19 registered sex offenders live in the 93561 area code. Their addresses, photos, offenses and other characteristics are listed on the web site. The high risk and serious offenders have the most information listed, while information for lower-risk offenders may not include an address or other data.
Registered sex offenders are required to check in once a year or when they change addresses, Kermode said.

During the year he has been chief, the Tehachapi Police Department has made three arrests for registration violations, he said.

 “It’s not too bad,” said Kermode of the sex offenders who live locally. “Most of them seem to play by the rules most of the time.”

He said, “I haven’t seen a need for it (a local ordinance) at this point.”

People in Tehachapi seem to look out for the children as a community.

“On one street,” Keromode said, “everybody on the street knows who the sex offender is. If he gets too close to a park or a school bus stop they’re on the phone to the police department.

“It’s one of the advantages of living in a small town.”