New Sex Offender Rules in Calif. Blocked by Judge

Key provisions on a California ballot measure intended to crack down on sex offenders was blocked by a federal judge who ruled the legislation was unconstitutional just one day after voters in the state approved it.

The measure called Jessica’s Law bans registered sex offenders from residing within 2,000 feet of parks or schools, effectively prohibiting them from a majority of communities in California. Furthermore, the law requires life-long satellite tracking for some offenders after their release.

The Judge’s Ruling

Hours after more than 70 percent of state voters approved the measure, an unidentified sex criminal filed a lawsuit contending that the new law should only be applied to offenders who register after it’s approval.

U.S. District Judge Susan Illston, who handled the case, found the measure to be “punitive by design and effect” and potentially unconstitutional. She temporarily issued a retraining order against the statute’s residency requirements and set a future court date.

The New Measure

While California law currently limits where sex criminals are allowed to live, the new measure would make it more difficult to find homes for just-released offenders in addition to threatening the residences of previously released sex criminals. Furthermore, the issue is whether or not the proposition would apply retroactively to the 90,000 registered offenders in the state.

According to the lawsuit filed by the sex offender, the new ruling would cause him to be evicted “from his home and community for a crime he committed, and paid his debt for, long ago.”

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