New Bill Would Require Enforcement of Residency Restrictions for Sex Offenders

San Jose Sex Offender Lawyer And Santa Clara Criminal Defense Attorney

Recently, Senator Sharon Runner announced that she is sponsoring Senate Bill 1021, which will prevent the California Department of Corrections and Rehabilitation (CDCR) from permitting convicted sex offenders to live near elementary schools and parks. If passed, the bill would require CDCR to enforce the sex offender residency restrictions contained in what is popularly known as Jessica’s Law in every county in the state, with the exception of San Diego.

Current Law

Last year, the California Supreme Court ruled that the law barring sex offenders from residing within 2,000 feet of schools, parks, and other locations where children gathered, could not legally be enforced in San Diego. This was because, based on those restrictions, sex offenders on parole were prohibited from accessing approximately 97 percent of rental properties in the county. This, in turn, led to an increase in the number of homeless sex offenders, who then became untraceable.

However, the state Supreme Court also clearly stated that the holding only applied to San Diego County. Despite this clarification, the CDCR began refusing to enforce the sex offender residency restrictions in all of California’s 57 other counties.

Senate Bill 1021

Senator Runner stated that the goal of the new bill is to protect children from becoming the victims of sex crimes while also reinforcing the rule that state agencies cannot ignore laws and voter-approved initiatives at will. Instead, the bill would require the CDCR to enforce the 2,000-foot residency rule unless Jessica’s Law is amended or is found unconstitutional in each county.
The proposed law also explicitly gives primary jurisdiction to the Courts of Appeal in each county to hear any petitions that challenge Jessica’s Law. If a petitioner should establish that a lack of compliant housing in the county makes adherence to the restrictions nearly impossible, then the court could grant relief in that particular county.

Jessica’s Law

Jessica’s Law allows for increased penalties for the most extreme sex offenses and gives police officers more tools, such as mandatory GPS monitoring, to help agencies maintain strict control over registered sex offenders. Jessica’s Law also prohibits judges from sentencing sex offenders who have committed certain sex crimes to a period of probation and extends parole sentences for others. Good time credits awarded for a sex offender’s early release are also eliminated while court-imposed fees are increased.

Conviction for a sex offense and being forced to register as a sex offender can have devastating repercussions on a person’s ability to find suitable employment, housing, and education, so it is important to retain an experienced criminal defense attorney to help you organize a defense. If you have been charged with a sex offense, please contact skilled San Jose criminal defense attorney Wesley Schroeder to schedule a consultation.

Sources:

http://www.courts.ca.gov/opinions/archive/S206143.PDF

http://runner.cssrc.us/content/sharon-runner-introduces-legislation-requiring-department-corrections-obey-jessicas-law