Kern County didn't let Kansas know a registered sex offender was living there
By Jessica Shillings The Daily Independent Posted Jul 27, 2010 @ 08:08 AM Ridgecrest, Calif. --
After his January 2010 conviction former Ridgecrest resident and registered sex offender James Delgado moved to Olathe, Kan. earlier this summer with his family.
In Kansas the 43-year-old made headlines when his new neighbors discovered that Kern County Probation had never informed Kansas officials of the move though Delgado had registered as required.
While Delgado received permission from the Kern County Superior Court to move to Kansas in March this information was never conveyed to authorities in Kansas according to media reports in that state, meaning that officials there weren't aware of his presence.
A former Ridgecrest resident and coach of several local youth sports teams over the years, Delgado was arrested in July 2009 after local law enforcement received a Child Protective Services referral alleging sexual abuse of a 13-year-old girl, a friend of Delgado's own teenage daughter, while she was staying the night at his home.
Delgado was subsequently arrested without incident. His bail, for which he posted a bond, was originally set at $55,000 but eventually reduced to $10,000 by the court.
In January Delgado was found guilty of a misdemeanor sex crime in Kern County and sentenced to 120 days in jail and five years probation as well as assessed $1,160 in fines.
After serving his time Delgado and his family moved to Kansas earlier this summer – a move Kern County officials said they were aware of. However now Delgado is back in California seeking permission to return to Olathe according to an NBC report from Kansas because Kern County never told the Kansas Probation office he had moved.
Kern County complies with the interstate compact process of transferring offenders said Matt Fontaine, Kern County division director for adult probation services when contacted Monday and is committed to following proper channels in these cases. Still Fontaine said that department policy prevented him or anyone else from speaking on specifics of the case when asked if Delgado had undergone this process before he initially moved out of state.
Fontaine also said this policy prevented him from answering the question of why Kansas' probation officials were not informed of Delgado's move by Kern County officials.
In NBC's report Kansas Department of Corrections' spokesman Bill Miskell is quoted as saying, “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.”
Fontaine said he couldn't reveal even where Delgado was now living in California. The national sex offender registry cites Delgado's location as Ridgecrest Ca., “specific address not subject to disclosure,” but it is unknown whether this information is up to date.
Delgado did register as a sex offender while in Kansas as well, which is how his new neighbors in Olathe, Kan. became aware of his past. And while the neighbors questioned why Kansas authorities weren't watching Delgado, they say they are also concerned about the fact that Kansas law does not prohibit sex offenders from living in close proximity to a school – something that Delgado's lawful move to the neighborhood made them aware of.
In fact the cul-de-sac that Delgado and his family moved into in Olathe, Kan. is, according to a July 23 NBC report, next to an elementary school there. In fact the revelation has inspired Delgado's former neighbors in Kansas to begin a campaign to change the law.
While Kansas currently has no laws on the books preventing sex offenders from living in close proximity to a school California does. California law, which was revised in November 2006 as a result of voter approved Proposition 83 (also known as Jessica's law), bans sex offenders from living within 2,000 ft. or a quarter mile of a school or park where children congregate.
And California law may yet go farther if a bill introduced in February by Assemblywoman Norma Torres, D-Pomona, ultimately moves forward that would make it a crime for registered sex offenders to use any social networking sites. The legislation, officially known as AB 2208, is currently held under submission at the committee level.
Copyright 2010 Ridgecrest Daily Independent. Some rights reserved
Source: http://www.ridgecrestca.com/topstories/x350171142/Kern-county-didnt-let-Kansas-know-a-registered-sex-offender-was-living-there
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After his January 2010 conviction former Ridgecrest resident and registered sex offender James Delgado moved to Olathe, Kan. earlier this summer with his family.
In Kansas the 43-year-old made headlines when his new neighbors discovered that Kern County Probation had never informed Kansas officials of the move though Delgado had registered as required.
While Delgado received permission from the Kern County Superior Court to move to Kansas in March this information was never conveyed to authorities in Kansas according to media reports in that state, meaning that officials there weren't aware of his presence.
A former Ridgecrest resident and coach of several local youth sports teams over the years, Delgado was arrested in July 2009 after local law enforcement received a Child Protective Services referral alleging sexual abuse of a 13-year-old girl, a friend of Delgado's own teenage daughter, while she was staying the night at his home.
Delgado was subsequently arrested without incident. His bail, for which he posted a bond, was originally set at $55,000 but eventually reduced to $10,000 by the court.
In January Delgado was found guilty of a misdemeanor sex crime in Kern County and sentenced to 120 days in jail and five years probation as well as assessed $1,160 in fines.
After serving his time Delgado and his family moved to Kansas earlier this summer – a move Kern County officials said they were aware of. However now Delgado is back in California seeking permission to return to Olathe according to an NBC report from Kansas because Kern County never told the Kansas Probation office he had moved.
Kern County complies with the interstate compact process of transferring offenders said Matt Fontaine, Kern County division director for adult probation services when contacted Monday and is committed to following proper channels in these cases. Still Fontaine said that department policy prevented him or anyone else from speaking on specifics of the case when asked if Delgado had undergone this process before he initially moved out of state.
Fontaine also said this policy prevented him from answering the question of why Kansas' probation officials were not informed of Delgado's move by Kern County officials.
In NBC's report Kansas Department of Corrections' spokesman Bill Miskell is quoted as saying, “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.”
Fontaine said he couldn't reveal even where Delgado was now living in California. The national sex offender registry cites Delgado's location as Ridgecrest Ca., “specific address not subject to disclosure,” but it is unknown whether this information is up to date.
Delgado did register as a sex offender while in Kansas as well, which is how his new neighbors in Olathe, Kan. became aware of his past. And while the neighbors questioned why Kansas authorities weren't watching Delgado, they say they are also concerned about the fact that Kansas law does not prohibit sex offenders from living in close proximity to a school – something that Delgado's lawful move to the neighborhood made them aware of.
In fact the cul-de-sac that Delgado and his family moved into in Olathe, Kan. is, according to a July 23 NBC report, next to an elementary school there. In fact the revelation has inspired Delgado's former neighbors in Kansas to begin a campaign to change the law.
While Kansas currently has no laws on the books preventing sex offenders from living in close proximity to a school California does. California law, which was revised in November 2006 as a result of voter approved Proposition 83 (also known as Jessica's law), bans sex offenders from living within 2,000 ft. or a quarter mile of a school or park where children congregate.
And California law may yet go farther if a bill introduced in February by Assemblywoman Norma Torres, D-Pomona, ultimately moves forward that would make it a crime for registered sex offenders to use any social networking sites. The legislation, officially known as AB 2208, is currently held under submission at the committee level.
Copyright 2010 Ridgecrest Daily Independent. Some rights reserved
Source: http://www.ridgecrestca.com/topstories/x350171142/Kern-county-didnt-let-Kansas-know-a-registered-sex-offender-was-living-there
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