March 2, 2015 (SACRAMENTO) The California Supreme Court found that the blanket ban on where sex offenders can live is unconstitutional. This is particularly relevant in San Diego County, where the court found that 97 percent of low income properties where otherwise sex offenders could live, cannot.

Under Jessica’s law, passed in 2006. Among it’s objectives was “prevent sex offenders from living near where our children learn and play” by creating “predator free zones around schools and parks”

According to the California Supreme Court decision “The initiative added new subdivision to section 3003.5, making it “unlawful for any person for whom registration is required pursuant to Section 290 to reside within 2000 feet of any public or private school, or park where children regularly gather.” This severely limited where people who have to register as sex offenders and in San Diego can live, it was deemed a mandatory condition of parole.

The Court found “as will be explained, we agree that section 3003.5(b)‟s residency restrictions are unconstitutional as applied across the board to petitioners and similarly situated registered sex offenders on parole in San Diego County. Blanket enforcement of the residency restrictions against these parolees has severely restricted their ability to find housing in compliance with the statute, greatly increased the incidence of homelessness among them, and hindered their access to medical treatment, drug and alcohol dependency services, psychological counseling and other rehabilitative social services available to all parolees, while further hampering the efforts of parole authorities and law enforcement officials to monitor, supervise, and rehabilitate them in the interests of public safety.”

San Diego Police Detective Jim Ryan told the court that this has led to a dramatic increase in the number of homeless offenders, which also makes it far more difficult to have proper supervision. He also told the court that before Jessica’s Law many of these offenders lived in low cost hotels where it was easier to keep tabs on them. Some of these hotels have been demolished, while others do not qualify as a residence due to Jessica’s Law.

The Court found that this is not constitutional since it prevents the offenders from establishing a residence, and they are limited to areas of the county with poor access to jobs, and services they need. Services they are entitled to under law. While the law was not struck down, authorities will have to review residency on a case by case basis.

San Diego has had several high profile cases in the recent past where sex offenders have been placed in the back country, in communities such as Jacumba and Boulevard. This is a very relevant matter for the city and County of San Diego.

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Categories: California Supreme Court, Judicial Decisions