California Supreme Court upholds part of sex offender law | McClatchy Washington Bureau

×
Sign In
Sign In
    • Customer Service
    • Mobile & Apps
    • Contact Us
    • Newsletters
    • Subscriber Services

    • All White House
    • Russia
    • All Congress
    • Budget
    • All Justice
    • Supreme Court
    • DOJ
    • Criminal Justice
    • All Elections
    • Campaigns
    • Midterms
    • The Influencer Series
    • All Policy
    • National Security
    • Guantanamo
    • Environment
    • Climate
    • Energy
    • Water Rights
    • Guns
    • Poverty
    • Health Care
    • Immigration
    • Trade
    • Civil Rights
    • Agriculture
    • Technology
    • Cybersecurity
    • All Nation & World
    • National
    • Regional
    • The East
    • The West
    • The Midwest
    • The South
    • World
    • Diplomacy
    • Latin America
    • Investigations
  • Podcasts
    • All Opinion
    • Political Cartoons

  • Our Newsrooms

You have viewed all your free articles this month

Subscribe

Or subscribe with your Google account and let Google manage your subscription.

Courts & Crime

California Supreme Court upholds part of sex offender law

Denny Walsh - Sacramento Bee

February 02, 2010 09:07 AM

A split California Supreme Court on Monday rejected some challenges to residency restrictions for sex offenders and sent others back to lower courts.

Four paroled sex offenders argued a 2006 statute known as Jessica's Law, which requires them and thousands like them to live at least 2,000 feet away from local parks and schools, has been applied retroactively in violation of the state Penal Code and U.S. Constitution.

In a 5-2 opinion, the state high court turned back those challenges. But claims that the law "is an unreasonable, vague and overbroad parole condition that infringes on a number of … constitutional rights" raise fact-intensive issues and any decision must be based on how the statute was applied to an individual, the majority said.

The court ordered those parts of the four cases sent back to their respective trial courts to flesh out the factual scenarios. The justices suggested several discrete areas of inquiry for the lower courts.

"We thought they could decide as a matter of law and common sense that forced homelessness is unconstitutional," said Ernest Galvan, the attorney representing the parolees. "So, we will work our way back up (to the Supreme Court) and give them more facts."

Gov. Arnold Schwarzenegger said Monday in a prepared statement he is "pleased the court ruled today to uphold the will of the people."

On behalf of the four paroled offenders, identified in court papers only by initials, Galvan argued that the law's provisions are "not rationally related to the harm voters were trying to prevent." He said it covers, at most, those who committed sex crimes after Proposition 83 was passed – and made little sense even for that group of offenders in view of their freedom to visit parks and schools.

Kenneth Mennemeier, lawyer for the Schwarzenegger administration, countered that the 2006 initiative reflects voters' "desire to protect children from the threat of recidivism that sex offenders pose" and it should be interpreted broadly to apply to anyone who has ever been convicted of a sex crime requiring registration.

The four offenders before the Supreme Court were convicted of crimes requiring lifetime registration well before the proposition's passage. They were paroled after its effective date.

Writing for the majority, Justice Marvin R. Baxter said that because each parolee was already subject to the lifetime registration requirement of the Penal Code and each secured housing after the effective date of the statute, its application is not retroactive.

Justice Carlos R. Moreno disagreed, and authored a dissent, joined by Justice Joyce L. Kennard. The statute cannot be applied to those convicted before it was enacted, Moreno wrote.

Justice Kathryn A. Werdegar authored a short concurrence with the majority, emphasizing that Monday's ruling addresses the residency restrictions only as parole conditions, not as separate crimes.

Read the full story at the Sacramento Bee.

Read Next

Courts & Crime

Trump will have to nominate 9th Circuit judges all over again in 2019

By Emily Cadei

December 28, 2018 03:00 AM

President Trump’s three picks to fill 9th Circuit Court vacancies in California didn’t get confirmed in 2018, which means he will have to renominate them next year.

KEEP READING

MORE COURTS & CRIME

Criminal Justice

Ted Cruz rallies conservatives with changes to criminal justice reform plan

December 06, 2018 01:51 PM

Congress

Kamala Harris aide resigns after harassment, retaliation settlement surfaces

December 05, 2018 07:18 PM

Congress

Felons may be back in the hemp farming business

December 05, 2018 04:08 PM

Investigations

‘This may be just the beginning.’ U.S. unveils first criminal charges over Panama Papers

December 04, 2018 07:27 PM

Criminal Justice

How a future Trump Cabinet member gave a serial sex abuser the deal of a lifetime

November 28, 2018 08:00 AM

Criminal Justice

Texas oilman Tim Dunn aims to broaden GOP’s appeal with criminal justice plan

November 20, 2018 04:25 PM
Take Us With You

Real-time updates and all local stories you want right in the palm of your hand.

McClatchy Washington Bureau App

View Newsletters

Subscriptions
  • Newsletters
Learn More
  • Customer Service
  • Securely Share News Tips
  • Contact Us
Advertising
  • Advertise With Us
Copyright
Privacy Policy
Terms of Service