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State Supreme Court: Sex offenders may challenge 'Jessica's Law' residency rules

The California Supreme Court decided Monday that registered sex offenders who are paroled to places where it is impossible to avoid living near parks and schools may challenge the residency requirements imposed by “Jessica’s Law,” which voters passed overwhelmingly in 2006.

In the 5-2 ruling, the majority rejected several constitutional challenges brought by four parolees who contended they would be forced to leave their homes and families if subject to Proposition 83’s residency requirements, which bar registered sex offenders from living within 2,000 feet of any public or private school or park where children regularly gather.

But the court said the four men could challenge the residency requirements as unconstitutional when applied to them on the grounds there would be no place for them to live in the cities where they are serving parole.

Proposition 83, passed by 70% of voters, makes it impossible for some registered sex offenders to live in densely populated cities. Nearly all of San Francisco is off limits to them because of the number of parks and schools close to housing.

-- Maura Dolan in San Francisco

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Comments () | Archives (5)

I have an answer to this residency problem...MOVE....If you're a registered sex offender and your family will actually associate with you...MOVE them too...

Actually, a better solution is keeping these characters in prison providing free labor...

This law was enacted to protect potential victims...not to make life as easy as possible for the persons who violated innocent victims....

This mus be ACLU initiated....

It would be that the California State Supreme Court has danced around the issue of this law by not giving any real word on what Jessica's Law said. By leaving this issue open it just mudded things up. At least in New Jersey and Kentucky the courts there ruled that any sex offender convicted before the election of November 2006 could live anywhere they could fined housing the California courts said nothing more than the offenders could go back to court locally, a waste of time and money for both the offenders and the cities of California. This court showed no guts and should be ashamed of taking the payments they get as judges. They should have either followed the other two states and ruled in favor of the ofdfenders prior to the passing of the 2006 law or followed the law and said sorry about where you were convicted (Big cities with no clear housing ) but we must follow the law to the letter. To that point as for following the law as it is written the California State of Corrections along with the Department of Parole and Adult Supervision (Parole Board) are breaking Jessicas' Law when they just turn our the sex offenders into the woods and or under the local bridges to live, we would not be able to let our animals live like this. The summer is unbareable hot an dthe fall is below freezing and than wet and cold with no shelter and this is I think unseasonable. Housing should be found for them and it is up to the state to follow the law in doing so!

TheBigPicture: How is that an answer to the residency problem? If you would check facts, you will find that sex offenders are all over the place. You will also find that there is less than a 1% recidivism rate among sex offenders. (that means the majority don't reoffend). Maybe give people a chance to move on with their lives, and become productive members of society again? Wow, what a concept, treat them like HUMAN BEINGS. I hope you don't go to church with that attitude.

I'm a parolee for a theft charge. I'm being asked to register because of a crime against an adult 21 years ago in ma. I got 12 months probation back then. That should tell you something! Now parole, although they have struck schools and parks from my conditions of parole, are saying I can't live in my house, or sleep at my house when the school is closed at night, but I can be there all day hanging around while school is open!! You say there's nothing wrong with this law? I differ

Big difference between a "sex Offender" and a "Violent Sex Offender".
Some people that have only Urinated on the ground are "sex offenders" for life..It all depends on where you live, the attitude of juries/judges etc.

But for the one time, first time, sex offender that is not violent or murdered, should be able to live somewhere without an owner and whole neighborhood being told. What owner really wants to rent to a "sex offender?". They can look forever and not find a rental if honest. Parole officer is suppose to go out and MEASURE distance between rental you want to the nearest schools, parks and wherever children congregate? That takes weeks and meantime you have lost your deposit or chance for a rental and it goes on and on. Meantime, you are just HOMELESS anywhere. Same with getting a job.
Parole/police make sure employer knows about you...so rare to even get a job
The issues are great and numerous and after serving time in prison, the prison you come out to is worse than where you were. We want them rehabilitated, they could end up living next door to you! They need jobs, they need places to live and try to become good citizens. AND what about all the many people that have been inprisoned for years wrongly?? Get out 15 years and more later because of innocence?? They suffer just as much as people always carry doubts in their minds. Families gone, friends gone and we continue to force these people to live worse than animals. I say help Rehabilitate them and not make life more worse than one can imagine. If they violent and killed a child, then different story, but that iss a real minority.


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