Jessica's Law
February 22, 2011
Judge rules Jessica’s Law is unconstitutional
A San Diego judge has ruled that Jessica's Law's residency restrictions—which ban all registered sex offenders from living within 2,000 feet of a school or park—are unconstitutional. For now, the ruling applies only to four petitioners, all registered sex offenders from San Diego County, who argued that Jessica's Law has forced them into homelessness. The ruling, however, will serve as the basis for deciding whether roughly 132 additional petitioners should be exempt from the residency restrictions.
Offenders who’ve committed a crime against a child under 14 and determined to be at high risk for re-offense aren't eligible for relief ...
LINK - SDCityBeat.com
May 29, 2010
Sex offenders falling through cracks
The men who check in Tuesday and Thursday mornings with Lynda Cummings at the Marysville Police Department are not unlike sex offender registrants in other cities and towns across the United States.
Some of them have been convicted of and have done time for crimes that involved children; others, for offenses involving only adults. Some have offenses dating back several decades and have convictions for non-sex-related crimes as well.
But unlike registrant lists in surrounding jurisdictions, Cummings' list includes no parolee addresses.
Proposition 83, better known as Jessica's Law, forbids any registrant on parole or probation from living within 2,000 feet of a school, park or playground. And because Marysville is so densely concentrated, there is not a single foot of space within the city limits that is legal for registrant parolees to reside...
LINK - Appeal-Democrat.com
April 1, 2008
Jessica’s Law Faces Hurdles
A state law designed to protect children from molesters is running into hurdles, slowing officials from enacting some of its components and leading to some unintended consequences.
Tough housing restrictions, skyrocketing costs of evaluating the risks that sex offenders could be repeat predators, and the potential for less monitoring time for parolees in the community have some officials concerned.
"This particular law has a lot of unintended consequences, and those may have such a weight that the intended consequences will suffer," said Heather Dauler of the San Diego Sex Offender Management Council…
LINK - NCTimes.com (San Diego North County Times)
March 12, 2008
Jessica’s Law - 44% increase in offenders authorities can’t locate
Parole agents are struggling to track homeless sex offenders in large part because of Jessica's Law restrictions.
He admits he is a convicted sex offender, but "Bill" did not want to reveal his real name or his sex crime. He did, however, want to speak out about the restrictions of Jessica's Law. "It's not good, for me and it's not good for the public," he said.
Under the provisions of the voter-approved Jessica's Law, convicted sex offenders may not live within 2,000 feet of any school or park. "That leaves very few places for offenders to live," said California Department of Corrections and Rehabilitation spokesman Gordon Hinkle.
LINK - News10.net (News 10 ABC - Sacramento, Stockton, Modesto)
March 11, 2008
Sex offenders wander San Joaquin County (Stockton)
Eight registered sex offenders on parole were removed from their transitional rooms at a south Stockton motel in late February and left to roam the streets. Those who have not already been rearrested for parole violations are camping in fields and under bridges around San Joaquin County.
State correctional officials say the parolees, all men, are still being monitored and will be placed in rooms as soon as possible. The law does not require the state to house parolees, but it does so in the interest of public safety. It is difficult to track transient sex offenders, and homelessness contributes to recidivism.
LINK - Recordnet.com
November 27, 2007
Viability of Sex Offender Law in Doubt
Law enforcement leaders who pushed for a ballot initiative requiring sex offenders in California to be tracked by satellite for life are now saying that the sweeping surveillance program voters endorsed is not feasible and is unlikely to be fully implemented for years, if ever…
LINK - LATimes.com
October 12, 2007
CCPOA: State Memo Opens Loophole for Sex Offenders
October 12, 2007 - MEMO
Contact: Ryan Sherman 916-716-1400
FOR IMMEDIATE RELEASE
STATE MEMO OPENS LOOPHOLE FOR SEX OFFENDERS
Parole agents warn that legal enforcement of Jessica's Law is jeopardized
SACRAMENTO - A California Department of Corrections and Rehabilitation memo issued yesterday directs parole agents to advise parolees who do not meet the new Jessica's Law residency requirement - which prohibits them from living within 2,000 feet of schools, playgrounds, etc. - "to immediately provide a compliant residence or [give them the option to] declare themselves transient" - otherwise, they'll be sent back to prison.
"As parole agents and correctional officers, we understand more than most how dangerous sex offenders can be when unsupervised," said Mike Jimenez, President of the California Correctional Peace Officers Association. "But the state is now making it a policy to have sex offenders go undetected. It will be impossible for parole agents to enforce Jessica's Law in certain areas - and encouraging 'transient' living arrangements just allows sex offenders to avoid it altogether."
Penal Code Section 3003 states that all parolees are required to live in the county of their commitment. Yet at least one county, San Francisco, currently has NO available housing that meets the Jessica's Law criteria.
"So the state is requiring parolees to find eligible housing in San Francisco, knowing full-well that there isn't any," said Jimenez. "Then they issue a memo that appears to direct sworn peace officers to advise sex offenders that the only way to avoid returning to prison for violating Jessica's Law's residency requirements is by declaring themselves homeless."
"When I approve a law named in memory of my daughter, I have only one goal - to protect other children and families from enduring the nightmare Jessie and our family has endured," said Mark Lunsford, father of Jessica Lunsford. "The purpose of Jessie's Law is to keep sex offenders in prison longer and to carefully watch and monitor those offenders we are forced to have in our communities. Allowing sex offenders to fly under the radar by claiming they are homeless in no way meets that purpose. It is unconscionable that Jessica's Law would be interpreted in any way other than the people of California intended."
"The state's actions are shameful, and dangerous," said Jimenez. "I know they want to reduce overcrowding - so do we. But risking public safety is definitely NOT the way to do it."
