Weighing wisdom of law forcing sex offenders into homelessness
By
In 1995, Jaymar Brown, then a member of the Conway Gangstas street gang, participated in a gang rape and murder. He didn't pull the trigger, but he was an accessory.
Now Brown, having served a 14-year prison sentence, is out on parole. He claims he is Christian, eager to rejoin society and to live a productive life.
"I feel like what's done is done," said Brown, 32. "I did my time. It made me a better man."
It also made Brown a registered sex offender.
Brown contends ill-conceived provisions of Jessica's Law, as well as obstacles imposed by local parole authorities, are thwarting his effort to rebuild his life.
His situation - besides its particulars - raises the question of whether voters overreacted and created new problems by passing Jessica's Law.
California's Prop. 83, passed in 2006, prohibits sex offenders from living within 2,000 yards of schools or parks, among its other provisions.
Voters are right to fear sex offenders. But 2,000 feet is more than one-third of a mile. Almost every city dweller lives within one-third of a mile of a school or park.
Brown, jobless and unable to pay rent, says numerous relatives offered him a place to stay. His parole officer had to refuse. The homes are near parks or schools.
So Brown lives in his car.
Fitted with a GPS ankle monitor that tracks his whereabouts, he parks his 1988 Volvo on a side street near the fairgrounds. There he must remain, from 8 p.m. to 6 a.m.
Brown has lived on the street since November.
"I just wrap up in my blanket and try to make it through the night," he said.
Saying he wants to find a job, Brown further complains that restrictions imposed locally by his parole agent complicate his search.
He used to get occasional day labor from a local labor hall. Workers, however, must report by 5 a.m. Brown is not free to leave his spot until 6 a.m.
He got a night shift job as a manager with Multiple Records, a local hip-hop label and concert promotions outfit. His parole officer forced him to quit.
In part, Brown chose his lot. He attends San Joaquin Delta College by day, working toward a degree in business. He could drop out and seek a day job. He chooses college.
But not homelessness.
"I worry from time to time," Brown said of the unsafe street. "But I just try to put my faith in God that He'll keep me safe, despite the odds."
Any parole agent will tell you reintegrating parolees into society works better if they live with relatives. And psychiatrists say they cannot successfully treat sex offenders who lack a stable environment.
According to the state Attorney General's Office, as reported recently in the press, before Jessica's Law passed there were only 88 homeless registered sex offenders; by August, there were approximately 5,064.
"I can tell you, yes, there's a problem with this particular issue," said Cassandra Hockenson, a spokeswoman for the California Department of Corrections and Rehabilitation. "But we can't do anything about this."
The courts can.
A challenge to Jessica's Law went to the state Supreme Court. The court directed local courts to decide the constitutionality of the residence restrictions. Cases are working their way through local courts now.
Brown has twice violated parole. He says his violations were technical, not serious breaches, such as committing a crime or testing dirty for drugs.
He feels thwarted.
"I know the world is not a fair place," Brown said. "But I feel like nobody understands or cares I was trying to do right but that they were trying to put obstacles in my path to make me give up."
A supervisor in the local parole office said Brown is just chafing at necessary parole conditions.
"Mr. Jaymar Brown just doesn't like to have any other outside control over his life," said Susan Kane, supervisor of the Delta GPS Sex Offender Unit and boss of Brown's parole agent.
"As I explained to him," Kane said, "we're very supportive of his reintegration to the community. But he has to do it within parameters in order to ensure the public is protected."
Brown's criminal history suggests he's likelier to commit crime at night, Kane said. Hence the curfew.
What about the 6 a.m. roadblock to the 5 a.m. labor hall? Kane said her office periodically re-evaluates cases.
"We will take another look at his case ... and if he's doing well, we will definitely ... re-evaluate his conditions."
In my opinion, any obstacles to parolees working a legitimate job ought to be removed sooner rather than later. Thwart them at every turn, and they're going to give up and return to crime.
As for Jessica's Law, is it in society's interests to create a growing army of homeless registered sex offenders living on the edge? Clear thinking, not just fear and loathing, should go into the answer.
Contact columnist Michael Fitzgerald at (209) 546-8270 or michaelf@recordnet.com. Visit his blog at recordnet.com/fitzgeraldblog.
No comments:
Post a Comment