Board of Supervisors Actions, Appellate Court Decision Win
Last updated 1/20/2023 at 2:25pm
The County of San Diego and residents of Borrego Springs had a victory during the recent County Board of Supervisors meeting with a unanimous vote (4 – 0, with Supervisor Terra Lawson-Remer absent) approving the following actions:
1. Direct the Chief Administrative Officer (CAO) to include in the Board’s Legislative support of legislation to clarify that for the purposes of conditionally releasing a Sexually Violent Predator (SVP), placement restrictions near a “public or private school” include homeschool sites.
2. Direct the Chief Administrative Officer to take actions to oppose any proposed court ordered placement of an SVP near a public or private school, including homeschool sites.
What is the County CAO role? The CAO carries out the Board of Supervisors’ policies and directs the County’s daily operations for health and human services, public safety, roads, parks and libraries, among other responsibilities. The CAO will influence a new committee of county agencies including the District Attorney’s office, being established to have a voice in rental properties reviews being proposed to the Superior Court by Liberty Healthcare for housing SVPs in San Diego County. Before now, the county attended but did not vet the suitability properties proposed.
What does this action by the supervisors mean? Specifically, Supervisors Desmond and Anderson wanted this approval so that the CAO could provide a letter to the Superior Court about the pending decision regarding a rental home on Zuni Trail where placement of an SVP was proposed. This letter aligns with a decision recently issued by the California Appellate Court regarding a proposed placement of an SVP near a property where children are home schooled. Two of three judges concluded that the CA WIC 6608.5(f) language was clear, that an SVP with a history of molesting children should not be placed within ¼ mile of a private school. The timing of when the school is established is not an issue, nor the number of children educated there.
Approximately 20 speakers spoke on this issue, most by phone, before the County Supervisors. Most speakers focused on ensuring safety of children wherever they attend school, the many reasons for schooling at home, for treating all children equally, the problems of SVP recidivism, and community impacts including the fear engendered in children, parents, and communities by placing an SVP close to a school.
We thank Supervisor Jim Desmond for being a proponent of children and the Borrego Springs community.
We also thank all Supervisors for promoting community safety and focusing on the rights of children to live without fear. We hope this results in a victory for Deep Well.