Resolution - 2008-38RESOLUTION NO. 2008-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ESTABLISHING A COMPREHENSIVE
PROCESS BY WHICH THE WEST COVINA POLICE DEPARTMENT
WILL MONITOR CONVICTED SEX OFFENDERS THAT ARE
REQUIRED TO WEAR GPS DEVICES AND AUTHORIZING STAFF TO
UNDERTAKE APPROPRIATE ACTIONS TO IMPLEMENT SUCH
PROCESS
WHEREAS, In November of 2006 California voters passed Proposition 83, known as
"Jessica's Law," which requires that all convicted sex offenders with lifetime registration
requirements also wear a GPS tracking device for life;
WHEREAS, due to ongoing court challenges to the validity and retroactive applicability
of Jessica's Law, as well as differing opinions as to its enforceability by state agencies including
the Department of Corrections and Rehabilitation, its scope and constitutionality is currently
unclear;
WHEREAS, notwithstanding the legal challenges to Jessica's Law, the City Council of
the City of West Covina supports the intent behind, and purpose of, Jessica's Law and therefore
desires to use all of the powers and legal means available to it to protect its residents from the
sexual predators that Jessica's Law was intended to regulate;
WHEREAS, in order to protect its residents from such sexual predators, the City Council
of the City of West Covina desires to be continuously advised by the Police Department of the
presence of individuals residing within the City that are subject to Jessica's Law's GPS
requirements; and
WHEREAS, in the event an individual who absent the current legal challenges to
Jessica's Law would otherwise be subject to lifetime registration and GPS requirements is
released within the City without a GPS tracking device, the City Council of the City of West
Covina. desires to use all legal means available to it at the time to track such individual.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West
Covina as follows:
SECTION 1. On behalf of the City of West Covina, the City Council hereby directs the
Chief of Police, or his or her designee, to monitor all sex offenders residing within the City and
to inform the City Council without delay whenever an offender who is subject to Jessica's Law's
GPS monitoring requirement is residing within the City.
SECTION 2. The City Council of the City of West Covina hereby resolves that upon
receipt of notification that a sexual offender subject to Jessica's Law's GPS monitoring
requirement is residing within the City, and is not in fact being monitored by such a GPS, the
Police Department shall immediately begin monitoring the sexual offender to the extent allowed
by law.
SECTION 3. The City Council of the City of West Covina hereby further resolves that
upon receipt of notification that a sexual offender subject to Jessica's Law's GPS monitoring
requirement is residing within the City, and is not in fact being monitored by such a GPS, that
the Police Department in conjunction with the City Attorney's Office will provide the City
Council with a legally valid ordinance or other legal process which will enable it to monitor sex
offenders consistent with the laws in place at that time.
SECTION 4. The City Council directs City officials and staff to take appropriate steps
in furtherance of the establishment of the process described herein to assure the safety of the
residents of the City of West Covina.
SECTION 5. The City Clerk shall certify the passage and adoption of this Resolution
and it shall thereupon be in full force and effect.
Resolution No. 2008-38
Page 2
APPROVED AND ADOPTED on this 171h day of June, 2008.
-G"
Mayor Sherri Lane
ATTEST:
J�'� g, 11"'A-4
ity Clerk Laurie Carric
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 171h day of June, 2008, by the following vote
of the City Council:
AYES: Herfert, Sanderson, Touhey, Lane
NOES: None
ABSENT: Hernandez
ABSTAIN: None
City Clerk Laurie Carrico
APPROVED AS TO FORM:
r
City A�Alvarez-Glasman