Blanket Enforcement Of Jessica’s Law Hampers Supervision Of Sex Offenders.
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Proposition 83, the Sexual Predator Punishment and Control Act aka Jessica’s Law, was passed by the voters in 2006. Jessica’s Law sought to “prevent sex offenders from living near where our children learn and play” by creating “predator free zones around schools and parks.” Petitioners in the present action are registered sex offenders on parole in San Diego County, and they allege the residency restrictions are unconstitutional in that they have prevented paroled sex offenders from residing in large areas of the county, including most the downtown and many residential parcels, which restricts many from living and associating with family members. Both the trial court and the Court of Appeal concluded blanket enforcement, without consideration of the individual case, constitutes arbitrary and oppressive official action. The California Supreme Court’s opinion discusses a “most disturbing” by-product of enforcement in that it has led to greatly increased homelessness among registered sex offenders on parole in the county, which has hampered the surveillance and supervision of parolees, and “thereby thwarting the legitimate governmental objective behind the registration statute.” Thus, the judgment of the Court of Appeal was affirmed. (In re Taylor (Cal. Sup. Ct.; March 2, 2015) 60 Cal.4th 1019 [184 Cal.Rptr.3d 682, 343 P.3d 867].)
