Sex offender living next to school sparks housing restriction debate in Johnson County
By: Ryan Kath
OLATHE, Kansas - A Johnson County neighborhood was surprised to learn a convicted child molester had moved in next to an elementary school. Before James Delgado started living on their block, neighbors had no idea the state of Kansas does not have residency restrictions for sex offenders.
Now, amidst a tense atmosphere, neighbors are banding together to get the law changed.
Joanna Daugherty is a busy mother of four kids. Their safety is her top priority, which is why Daugherty was shocked when she heard a sex offender had moved in across the street earlier this summer.
Daugherty and other neighbors could not imagine how Delgado could move onto their block with Scarborough Elementary School and a park playground within view. They assumed it was against the law. They were wrong.
“I feel the state of Kansas has in a sense served our kids up on a platter,” Daugherty said. “I think there is just a huge misconception that there are restrictions on sex offenders.”
When neighbors started expressing concern, Delgado was living in the home with his wife and three teenage children.
In July of 2009, Delgado was arrested and charged with child molestation in Ridgecrest, Calif.
A police report said one of his daughter’s friends was spending the night when the 13-year-old awoke to “Delgado rubbing her back.” The victim described him slipping his hands under her clothes and continuing to rub other parts of her body. He eventually stopped after she resisted.
According to the police report, Delgado admitted to detectives that he was rubbing “everything in arm’s reach.”
In a handwritten letter to the victim, Delgado wrote, “Honey, I’m so sorry for what I did to you. I want you to know that none of this is your fault and I will get help.”
Delgado, 43, was found guilty of a misdemeanor sex crime and sentenced to 120 days in the Kern County Jail. Upon release, he received five years of court probation and was required to register as a sex offender.
Delgado followed those instructions and registered on the Kansas Offender Registry , which is how neighbors learned of his criminal past.
However, until they started asking questions, the Department of Corrections had no idea he was living in the state because Kern County probation officials did not notify anyone about Delgado’s move. That meant Kansas was not monitoring Delgado in the Olathe neighborhood.
“Does every state always get notified when someone is going to move and there should be a request for supervision? Obviously not. Does it happen frequently? No,” said Bill Miskell, a spokesman for the Kansas DOC.
Officials now confirm Delgado has returned to California and is submitting a request to move to Olathe with his family. Kern County is complying with the interstate compact process of transferring offenders and going through all the proper channels, confirmed Matt Fontaine, division director for adult probation services.
According to Miskell, Kansas corrections officials will review the request and determine whether or not to accept supervision of Delgado.
The most up-to-date statistics provided by the KDOC said Kansas is supervising 1,541 offenders convicted in other states. Of those offenders, 89 were convicted of sex offenses. More than 1,800 offenders convicted in Kansas are being supervised in other states (69 sex offenders).
The KDOC does not support housing restrictions for a variety of reasons. Some argue offenders can “fall off the radar screen” and not report to parole officers or law enforcement. They may have limited places to live, which give them no access to jobs or public transportation. Restrictions can also be a drain on law enforcement officers responsible for enforcing them, opponents argue.
KDOC reached its conclusions based on studies done in other states like Iowa, Minnesota, Colorado and Florida. A summary of those findings is provided on the department’s web site.
In an email to a concerned resident in the Olathe neighborhood, Secretary of Corrections Roger Werholtz wrote, “If broadly applied residency restrictions for sex offenders were found to be an effective public safety tool, we would have supported them. However, all the research done to date by credible social scientists indicates that, at best, they have no positive impact. At worst, they can actually increase the probability of re-offense.”
However, that is not stopping the Olathe neighborhood from trying to take action. On Monday, concerned residents met at Daugherty’s house with Rep. Rob Olson, asking the Republican state lawmaker to write a bill that would restrict sex offenders from living near schools.
Olson told NBC Action News he has instructed staff to research how other states are currently implementing residency restrictions. After November elections, he plans to file legislation with the help of other lawmakers.
Local governments are prohibited from passing their own restrictions for sex offenders, meaning Olathe and other Kansas cities cannot act on their own.
Even if a new law is passed, the damage has already been done in the once tranquil Olathe cul-de-sac.
Delgado’s family declined an interviewed, but told NBC Action News they have been ostracized by neighbors. Signs with Delgado’s face have been posted on poles and doors around the area. On one occasion in July, the Delgado family called police, complaining that neighbors were making them feel threatened.
Daugherty admits she and other parents have been on edge. She is choosing to have her kids play more in the backyard instead of walking down to the school playground. There is no shortage of tension in a situation described as a “powder keg” by some homeowners.
But when it comes to her family, Daugherty does not think she owes anyone the benefit of the doubt.
“In order for us to be proved wrong, one of our kids has to get hurt,” she said. “So I don’t understand why we don’t err on the side of caution in protecting them.”
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Source: http://www.nbcactionnews.com/dpp/news/local_news/special_reports/sex-offender-living-next-to-school-sparks-housing-restriction-debate-in-johnson-county
OLATHE, Kansas - A Johnson County neighborhood was surprised to learn a convicted child molester had moved in next to an elementary school. Before James Delgado started living on their block, neighbors had no idea the state of Kansas does not have residency restrictions for sex offenders.
Now, amidst a tense atmosphere, neighbors are banding together to get the law changed.
Joanna Daugherty is a busy mother of four kids. Their safety is her top priority, which is why Daugherty was shocked when she heard a sex offender had moved in across the street earlier this summer.
Daugherty and other neighbors could not imagine how Delgado could move onto their block with Scarborough Elementary School and a park playground within view. They assumed it was against the law. They were wrong.
“I feel the state of Kansas has in a sense served our kids up on a platter,” Daugherty said. “I think there is just a huge misconception that there are restrictions on sex offenders.”
When neighbors started expressing concern, Delgado was living in the home with his wife and three teenage children.
In July of 2009, Delgado was arrested and charged with child molestation in Ridgecrest, Calif.
A police report said one of his daughter’s friends was spending the night when the 13-year-old awoke to “Delgado rubbing her back.” The victim described him slipping his hands under her clothes and continuing to rub other parts of her body. He eventually stopped after she resisted.
According to the police report, Delgado admitted to detectives that he was rubbing “everything in arm’s reach.”
In a handwritten letter to the victim, Delgado wrote, “Honey, I’m so sorry for what I did to you. I want you to know that none of this is your fault and I will get help.”
Delgado, 43, was found guilty of a misdemeanor sex crime and sentenced to 120 days in the Kern County Jail. Upon release, he received five years of court probation and was required to register as a sex offender.
Delgado followed those instructions and registered on the Kansas Offender Registry , which is how neighbors learned of his criminal past.
However, until they started asking questions, the Department of Corrections had no idea he was living in the state because Kern County probation officials did not notify anyone about Delgado’s move. That meant Kansas was not monitoring Delgado in the Olathe neighborhood.
“Does every state always get notified when someone is going to move and there should be a request for supervision? Obviously not. Does it happen frequently? No,” said Bill Miskell, a spokesman for the Kansas DOC.
Officials now confirm Delgado has returned to California and is submitting a request to move to Olathe with his family. Kern County is complying with the interstate compact process of transferring offenders and going through all the proper channels, confirmed Matt Fontaine, division director for adult probation services.
According to Miskell, Kansas corrections officials will review the request and determine whether or not to accept supervision of Delgado.
The most up-to-date statistics provided by the KDOC said Kansas is supervising 1,541 offenders convicted in other states. Of those offenders, 89 were convicted of sex offenses. More than 1,800 offenders convicted in Kansas are being supervised in other states (69 sex offenders).
The KDOC does not support housing restrictions for a variety of reasons. Some argue offenders can “fall off the radar screen” and not report to parole officers or law enforcement. They may have limited places to live, which give them no access to jobs or public transportation. Restrictions can also be a drain on law enforcement officers responsible for enforcing them, opponents argue.
KDOC reached its conclusions based on studies done in other states like Iowa, Minnesota, Colorado and Florida. A summary of those findings is provided on the department’s web site.
In an email to a concerned resident in the Olathe neighborhood, Secretary of Corrections Roger Werholtz wrote, “If broadly applied residency restrictions for sex offenders were found to be an effective public safety tool, we would have supported them. However, all the research done to date by credible social scientists indicates that, at best, they have no positive impact. At worst, they can actually increase the probability of re-offense.”
However, that is not stopping the Olathe neighborhood from trying to take action. On Monday, concerned residents met at Daugherty’s house with Rep. Rob Olson, asking the Republican state lawmaker to write a bill that would restrict sex offenders from living near schools.
Olson told NBC Action News he has instructed staff to research how other states are currently implementing residency restrictions. After November elections, he plans to file legislation with the help of other lawmakers.
Local governments are prohibited from passing their own restrictions for sex offenders, meaning Olathe and other Kansas cities cannot act on their own.
Even if a new law is passed, the damage has already been done in the once tranquil Olathe cul-de-sac.
Delgado’s family declined an interviewed, but told NBC Action News they have been ostracized by neighbors. Signs with Delgado’s face have been posted on poles and doors around the area. On one occasion in July, the Delgado family called police, complaining that neighbors were making them feel threatened.
Daugherty admits she and other parents have been on edge. She is choosing to have her kids play more in the backyard instead of walking down to the school playground. There is no shortage of tension in a situation described as a “powder keg” by some homeowners.
But when it comes to her family, Daugherty does not think she owes anyone the benefit of the doubt.
“In order for us to be proved wrong, one of our kids has to get hurt,” she said. “So I don’t understand why we don’t err on the side of caution in protecting them.”
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Source: http://www.nbcactionnews.com/dpp/news/local_news/special_reports/sex-offender-living-next-to-school-sparks-housing-restriction-debate-in-johnson-county
