The arrest of a registered sex offender on suspicion of kidnapping and child molestation in San Diego over the weekend has raised questions about the sex offender tracking system.
Officials who track sex offenders in San Diego County say they knew he was living on the same street as a school and a park but say the man was compliant under the law.
Francisco "Frankie" Diaz, the man arrested in the kidnapping of a girl from her family's Oak Park home Saturday, had prior charges, including misdemeanor charges of molestation involving juveniles.
He served four years in state prison for false imprisonment and possession of a controlled substance beginning in 2007.
When the 46-year-old sex offender was released from custody, he was required to register on the Megan's Law website, which he did. But when NBC 7 looked on the site's neighborhood map, Diaz did not show up at his Oak Park address on Maple Street.
Attorney Marc Carlos told NBC 7 that is not unusual.
“The more serious ones are listed by address but there are a large number of people who are registered sex offenders who don't necessarily have to do that by law,” Carlos said.
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There are three categories or levels of reporting for sex offenders on the Megan’s Law website by full address, zip code and no post at all.
On August 14, there were 43,808 offenders who were required to post their information and an address, 12,071 who had to post their information and only a zip code and 16,575 who did not need to post at all, according to the website, which updates the numbers regularly.
Based on Diaz’s criminal record he was required to give only his zip code.
The San Diego County SAFE Task Force tracks offenders. They told NBC 7 they were aware of Diaz, that he lived across the street from Oak Park Elementary School and that he was compliant prior to his arrest on Saturday.
Diaz is accused of kidnapping a 3-year-old child from an open window in the girl's bedroom and taking her to his home two doors away, San Diego police said.
He was held without bail and scheduled for arraignment Wednesday on allegations of kidnapping, threat to cause death, lewd and lascivious acts with a minor and sodomy with a minor.
“Apparently this individual had complied with all aspects of the laws that were applicable to him,” Carlos said.
Also, NBC 7 checked with the California Department of Corrections and Rehabilitation Division of Adult Parole Operations and Board of Parole Hearings with the state, and they said Diaz has completed his parole in 2012 and is no longer under their supervision.
“The public needs to know this particular system this Megan’s law the law system to use has been vetted by the legislature by the district attorneys Association everybody really to come up with a system that works for the most part,” said Carlos.
