My Friends

Arrow Up

Arrow Up
Arrow Down
,
  • Thu
    18
  • Fri
    19
  • Sat
    20
  • Sun
    21
  • Mon
    22
  • Tue
    23
  • Wed
    24
VAMP: Home for the Holidays Dec 18, 2014 So Say We All's holiday storytelling revue features a myriad of stories that come from of our time-honored tradition of squeezing the family together in a confined space, plying on the food and the booze, and waiting for something weird to happen. 67 other events on Thursday, December 18
 
News
If supportive services follow close behind shelter, it could transform the landscape
Sordid Tales
How can so many people be wrong about something for so long?
Film
Arty Abraham Lincoln biopic leads our rundown of movies screening around town
There She Goz
Children’s center is training tiny, adorable consumers
News
Rosemary Summers succeeded in 2013, and her parents want justice

 

 
Log in to use your Facebook account with
San Diego CityBeat

Login With Facebook Account

Recent Activity on San Diego CityBeat
 
Home / Blogs / Last Blog on Earth
. . . .
Thursday, Jan 03, 2013 - Last Blog on Earth | News

State Supreme Court to hear Jessica's Law challenge

Case makes its way back up to state's highest court

By Kelly Davis
mapforweb Map showing (in red) areas where sex offenders are barred from living
Today, more than two years after declining to rule on a law restricting where paroled sex offenders can live, the California Supreme Court agreed to again hear the case.

Passed by voters in November 2006, Jessica's Law includes a provision that bars parolees who've committed a sexual offense from living within 2,000 feet of a school or park. A challenge over the residency restriction's constitutionality and to whom the Jessica's Law applies made its way up to the Supreme Court in 2010. The court declined to rule on the residency restriction portion of the law, instead asking local courts to conduct evidentiary hearings.

Those hearings took place in San Diego in January 2011, where an attorney argued that the restrictions were vague and overly broad and left offenders with few housing options. A crime analyst for the D.A.'s office, for instance, testified that less than a quarter of all residential parcels in San Diego County are in compliant areas, while only 2.9 percent of multi-family parcels—apartments, mobile-home parks—comply with the law. As a result of the lack of affordable housing options, homelessness among sex offenders statewide skyrocketed—by 5,700 percent between 2007 and August 2011. 

In February 2011, Superior Court Judge Michael Wellington ruled that the residency restrictions were indeed unconstitutional; the state appealed. Last September, an appeals court sided with Wellington, noting that the blanket application of residency restrictions "constitutes arbitrary and oppressive official action" and "imposes a substantially more burdensome infringement on constitutional rights than is necessary to protect children from sex crimes." As it was before Jessica's Law, the court's ruling said, there's nothing preventing parole officers from applying a residency restriction as an individual condition of parole. 

In late October, the state Attorney General's office appealed that ruling, kicking the case up to the Supreme Court.

 
 
Close
Close
Close