Court Rules Laws Restricting Rights Of Sex Offenders Unreasonable?

Posted on September 15, 2012


Just when you think it can’t get and weirder…

California (Dana Littlefield-UT San Diego) – An appeals court upheld a ruling this week that a provision of a state law barring registered sex offenders from living within 2,000 feet of parks and schools is too broad and violates the offenders’ constitutional rights.

A three-judge panel of the state 4th District Court of Appeal agreed with a San Diego Superior Court judge’s decision that the residency restriction in Jessica’s Law is unreasonable when applied as a condition of parole because it infringes upon the offenders’ rights to travel in-state, to privacy and to establish a home.

Noting that many parolees were forced into homelessness, Judge Michael Wellington last year ordered state officials to stop applying the residency restriction to the four parolees named in the case.

Wellington said, however, that parole agents retained the authority to impose special restrictions on sex offenders — including limitations on where they can life — as long as they are based on the specific circumstances of each parolee.

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