Police Department Policy

07-08_Megans Law and Sex Offender Information_1921-12262019

Sacramento County Sheriff

Policy Text
Page 1 of 9 7/08 (REV 08/04) Megan’s Law and Sex Offender Information The purpose of this General Order is to set forth policy and pr ocedures for the uniform disclosure of information to the public regarding convicted sex offenders and the use of the Megan's Law Web Application. I. General The Sacramento County Sheriff's Department is committed to prov iding the public with available information, as author ized by law, to help protect th em and their children from the threat of “serious” and “hi gh-risk” sex offenders residing within Sacramento County. The information is available th rough the "Megan's Web" applicat ion provided by the California Department of Justice. The Sacramento County Sheriff's Department Technical Services D ivision shall be responsible for maintaining the web application with the Depart ment of Justice (DOJ). The Sheriff’s Department’s Sex Offender Registration Detail (SO RD) shall be responsible for management of depar tment user passwords, regist rations, data entry, as well as 290 PC violation investigations. II. Definitions The Megan's Law Web app lication is a Departm ent of Justice (DOJ ) application available to law enforcement th rough the Sacramento County Sher iff's Department computer network intranet. The web based system contains on-li ne photographs and descriptive data from the most r ecent sex registration informat ion submitted to DOJ by law enforcement agencie s statewide. Two screen formats are ava ilable: one for public use and one for law enforcement use. A. DOJ establishes three classi fications of sex offenders to ge nerally distinguish their risk-potentia l based on their criminal histor y. 1. A "serious" sex offender is a registrant whose crime of conv iction is either a specified felony sex offense or misdemeanor child molestation. By far the majori ty of registrants fall within th is classification. 2. A "high risk" sex offender is a registrant who has committed a certain number and type of crime s, including at least one viole nt sex crime, or who has been adjudica ted a sexually violent preda tor. Page 2 of 9 7/08 (REV 08/04) 3. “Other” sex offenders are thos e who have been convicted of pornography, exhibitio nism, misdemeanor sexual battery, incest, or spousal rape. B. Sheriff's department personnel m ay identify the category of an offender by accessing the Megan’s Web applicat ion provided by the Departmen t of Justice, California Law Enforcem ent Telecommunications System (CLETS), Violent Cri me Information Network (VCIN), or by contac ting the "Sex Offender Registration Detail". C. Under California’s Megan’s Law, only specified information o n “serious” and “high-risk” sex offenders ma y be disclosed to the public. Information on sex offenders classified as “ot her” or whose sex offense was adjudicated in juvenile court is not subject to public disclosu re except as authorized in 290.01 PC. III. Public Access to Megan’s Law Information A. The Sheriff’s Department will make the Megan’s Web applicati on available to the public at the following locations: 1. Each division station house. 2. Police Departments (c ontract cities) and/or 3. Sheriff’s community service c enters for each division or pol ice department. Additional public viewing locati ons within Sacr amento County in clude Folsom Police Department, Sacram ento Police Department, and the California Department of Justice. B. The station house commander and/ or the contract cities polic e chiefs will be responsible for the managemen t of and public access to the M egan’s Web application. This will inclu de the appropriate location of the computer (American with Disabilities Ac t consideration), staffing and su pervision, assignment of the Division’s “Me gan’s Law Administrator”, and establishing hours of public viewing. The division’s “Megan’s Law Admin istrator” will coordinate with SORD the use of the “Megan’s Law” com puter and its passwords. C. The public may apply and view the public screen of the Megan ’s Web application upon meeting the following: 1. The applicant shall provide id entification in the form of a California driver's license, California id entification card, or military identification card and orders with proof o f permanent assignme nt or attachment to a military comma nd or vessel in California, showing the applicant to be at least 18 years of age. Page 3 of 9 7/08 (REV 08/04) 2. The applicant shall sign a stat ement (Attachment A) stating that the applicant is not a registered se x offender, that he or she understands the purpose of the rel ease of information is to all ow members of the public to protect themselves and their children from sex offenders, and he or she understands it is unlawful to use information obtained from the CD-RO M or other electronic medium to commit a crime against any r egistrant or to engage in illega l discrimination or hara ssment of any registrant. 3. Persons who are registered se x offenders will not be allowed access to the Megan’s Web applic ation or its information. 4. A person under 18 years of age may accompany an adult applic ant who is that person’s parent o r legal guardian,

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