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State judge declares California sex offender residency restriction unconstitutional

By Douglas A. Berman

As detailed in this Los Angeles Times article, " a Los Angeles judge issued an opinion this week blocking enforcement of provisions a state law restricting how close those offenders can live from parks or schools." Here is more: Superior Court Judge Peter Espinoza issued the 10-page ruling after four registered sex offenders petitioned the court, arguing that the legislation known as Jessica's Law was unconstitutional. He said the court had received about 650 habeas corpus petitions raising similar legal issues, and that hundreds more were being prepared by the public defender's and alternate public defender's offices.  "The court is not a 'potted plant' and need not sit idly by in the face of immediate, ongoing and significant violations of parolee constitutional rights," Espinoza wrote...continue to full post

Full post as published by Sentencing Law and Policy on November 05, 2010 (boomark / email).