Police explain sex offender warning Police explain sex offender warning (August 27, 2004)

Law enforcement aims to protect neighbors and ex-con

By David Herbert

The recent arrival of a high-risk sex offender in Mountain View has shed light on the police's procedure of notifying citizens while protecting the privacy rights of convicts.

Two weeks ago, police canvassed the community around the 2000 block of Montecito Avenue that Hector Chavez recently moved into. Police went door-to-door on his block and to surrounding streets, as well as local day-care centers and shopping hubs, distributing fliers that featured Chavez's picture, physical description, vehicle information and previous offenses.

Chavez, who resides in an apartment at 2047 Montecito Ave., has been convicted and served time for residential burglary, rape and sexual assault.

But some residents felt the police did not go far enough in their notification process, complaining that the flier lacked his exact address, his previous cities of residence and the dates of his crimes. According to police spokesperson Josef Kachman, deciding how much information to release is a challenge.

"There is a balance that we always have to look at between safety of the residents and safety of the sex offender," he said.

The police could have released Chavez's address, but concluded that since he had been out of prison for nearly a decade without incident and was cooperating with law enforcement officials, it was unnecessary. Giving out that information, Kachman added, might make Chavez the target of violent retribution from unhappy neighbors. Police Chief Scott Vermeer also said that releasing Chavez's address could stigmatize his building, even if he later moves.

Under Megan's Law, California law enforcement officials can notify the public when a sex offender moves into town. The law divides convicted sex offenders into three categories: serious, high-risk and predator.

Local police use these categories, as well as other factors, to plan the breadth of a community notification campaign. For serious sex offenders, law enforcement may simply register the ex-convict and put his information into a database that residents may view at the local police station by appointment, said police officer Chris Hsiung.

Serious offenders have usually committed one relatively minor crime like indecent exposure, according to Kachman. Mountain View is currently home to about 100 serious offenders, he added.

High-risk offenders are usually repeat offenders involved in more violent crimes, including rape. Chavez is currently the only high-risk sex offender in Mountain View.

The final and most serious classification, predator, is reserved for convicted offenders who are likely to offend again and have committed what the state judges to be particularly heinous crimes. At this time, there are no sexual predators registered in Mountain View.

E-mail David Herbert at dherbert@mv-voice.com

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