In an effort to block the relocation of a sexually violent predator to Santa Maria, City Council members passed an emergency ordinance on Nov. 15 that bars convicted sex offenders from living within a 2,000-foot radius of schools.
Placer County Superior Court Judge James Garbolino has recommended Tibor Karsai, a 58-year-old convicted rapist and registered sex offender, be released from a state mental institution to move in with his mother, who lives in the Pacific Crest community near the intersection of Blosser and Betteravia roads.
Karsai’s proposed residence is located about 1,600 feet, as the crow flies, from Liberty Elementary School. Jessica’s Law prohibits sex offenders from living within 2,000 feet of a park or a school, but Garbalino has interpreted the distance as “travel distance.”
City Attorney Gil Trujillo told council members the ordinance fell in line with the intent of Jessica’s Law, creating a “predator-free” zone around schools.
“We disagree with the proposed ruling and interpretation of Jessica’s Law,” Trujillo said. “We are proposing that it is measured from property line to property line, in a straight line without regard to structures that may be in the way.”
A Santa Maria-Bonita School District board member and several angry residents voiced opposition to Karsai’s relocation due to the proximity of
his proposed residence to schools and recreational areas. Liberty Elementary School principal Jamie LeBlanc said the placement would adversely affect children’s safety.
“Although offenders must live somewhere … a school of over 700 children and an apartment complex with hundreds of families is just not an option for this kind of offender,” LeBlanc said.
Karsai was convicted of a 1974 rape in Santa Barbara County and was paroled in 1979 to San Luis Obispo County. He was sentenced to 26 years in state prison for a 1980 conviction on charges of rape and false imprisonment. He’s scheduled for release next month from a Coalinga mental institution, where he has lived for 13 years.
According to Santa Maria Mayor Larry Lavagnino, Karsai’s designation as one of the few sexually violent predators in the state was the reason for the council’s urgent action.
“This is our community, and I’m going to do everything I possibly can to keep this man from coming to Santa Maria,” Lavagnino said.
The ordinance took effect immediately following the council’s 5-0 vote, but Judge Garbolino still has to make his final decision on Karsai’s placement on Dec. 5 in Roseville.
Trujillo said representatives from the Santa Barbara County District Attorney’s Office, which also opposes the relocation, and the City Attorney’s Office would attend the hearing. Both offices contend the move would violate city code and that Karsai should be placed in San Luis Obispo County, his last reported county of residence.
“We believe the ordinance will require the Placer County court to reconsider its decision,” Trujillo told the council. “Staff will continue to research the law in this area and monitor pending litigation, and will continue to make further recommended amendments to the ordinance as appropriate.”
This article appears in Nov 23-30, 2011.