Jessica’s Law Residency Restrictions Shot Down by California Supreme Court

Posted by Seth Chazin | Mar 04, 2015 | 0 Comments

Gavel scales 7cb9

The California Supreme Court case originating in San Diego, found that mandatory residence restrictions created by a voter-approved initiative supposedly aimed at helping Californians better protect themselves from sex offenders on parole is unconstitutional in regards to CA Penal Code 290 .

This decision shot down the restrictions contained in Jessica's Law as unconstitutional and will be applied to registered sex offenders on active parole in San Diego County and shortly across the state.

These restrictions have not proved to be providing safety to anyone and have just hindered the lives of the parolees as it has restricted their ability to find housing and increased the rates of homelessness among them, according to the state's high court.

It has also prevented them from accessing medical treatment, drug and alcohol rehabilitation services, psychological counseling, while further hampering the efforts of law enforcement to monitor them in the purported interest of public safety.

The California Supreme Court, agreed with the lower court that authorities can still impose special parole conditions on sex offender parolees, including residency restrictions, as long as they are based on special circumstances of each parolee.

Jessica's Law was first enacted by voters in 2006. It was supposedly intended to protect Californians and their children, and their communities from the problems posed by sex offenders by strengthening and improving the laws that punish and control sexual offenders.  It was aimed to prevent sex offenders from living near parks and schools where children are present.

For more: SF Gate:Sex Offender Restrictions Unconstitutional

About the Author

Seth Chazin

Seth P. Chazin has aggressively defended clients in thousands of felony and misdemeanor cases for over 25 years. He has extensive experience representing criminal defendants in federal and state court, while handling both state and federal appeals as well.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

The Law Office

Chazin logo new dark

Seth P. Chazin is a San Francisco Bay Area Criminal Defense Lawyer with over 30 years experience.

Super Lawyer

Superlawyercapture orig compressor

Seth P. Chazin is recognized by Super Lawyer. Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. This recognition is earned only by the top 5% of attorneys in the state. The selection process for Super Lawyers has many steps and includes independent research, peer nominations and peer evaluations. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. To learn more about the selection process, click here.