Posted on 11/17/2006 5:36:20 PM PST by calcowgirl
SACRAMENTO - County prosecutors and state lawyers further narrowed their interpretation of a voter-approved crackdown on sexual offenders Friday, saying the initiative's lifetime restrictions don't apply to criminals who are currently on parole.
Proposition 83, overwhelmingly approved by voters last week, applies only to offenders who are released from prison in the future, the lawyers said in fending off two attempts to temporarily block portions of the new law.
The sweeping measure known as Jessica's Law passed with 70 percent support in last week's election.
It bars registered sex offenders from living within 2,000 feet of a school or park, increases prison terms for sex offenders, and requires lifetime satellite tracking for rapists, child molesters and other felony sex criminals after their release from prison.
A day after voters approved the measure, U.S. District Judge Susan Illston in San Francisco temporarily blocked the 2,000-foot residency requirement from applying to currently registered offenders who are not on parole or probation.
Government lawyers agreed with Illston's decision and in court papers and a federal court hearing Friday in Sacramento applied the same interpretation to those who are currently on parole.
They were responding to lawsuit filed by an anonymous Sacramento County resident who is being monitored by a Global Positioning System bracelet while he is on parole.
He fears the new law means he will have to wear the GPS bracelet for the rest of his life and will never be able to live within 2,000 feet of a school or park. The man was imprisoned for offenses committed more than 20 years ago, according to his lawsuit, but now is on parole for failing to register as a sex offender.
District attorneys in six Central Valley counties and lawyers for Gov. Arnold Schwarzenegger argued in court papers that the GPS tracking and residency requirements apply only to those who are released from prison in the future.
The state "has no intention of enforcing (Jessica's Law) as to individuals in plaintiff's circumstances," state lawyers wrote.
U.S. District Judge Lawrence Karlton of Sacramento ordered that he be notified if the government changes its mind and has the man evicted from his home.
A similar legal challenge, this one contesting the lifetime GPS monitoring, is pending in Los Angeles federal court on behalf of an offender who has been living in a Ventura County motel since he was paroled in September after 12 years in prison.
U.S. District Judge Florence-Marie Cooper denied a temporary restraining order in that case because she said she didn't have enough information to reach a conclusion.
All three suits are now awaiting additional hearings.
"If nothing else, we need these issues to be clarified," attorney Scott Wippert, who filed the Sacramento suit, said after Karlton's ruling. "The law is clearly ambiguous."
Considering how often these types of criminals repeat their offenses, they will be caught and prosecuted again in the future, but I don't like the idea that there will have to be another victim to have that happen.
I wonder if the voters really understood that the current bad boys were to get a pass on this referendum? I bet they did NOT.
U.S. judge blocks portion of new sex offender measure
Los Angeles Times, November 9, 2006
The court's action drew a sharp reply from the office of Republican Gov. Arnold Schwarzenegger, a passionate supporter of the initiative dubbed Jessica's Law by proponents.Schwarzenegger's legal affairs secretary, Andrea Lynn Hoch, said the administration would vigorously fight the lawsuit so "implementation of this vital measure can go forward to protect Californians against the lewd acts of convicted felons."
Hmm? We got rid of parole in Virginia. They go in but they don't come out (at least not when they're still young enough to strike again).
Bill O'Reilly has put huge pressure on these people, and they squirm. How can you not agree with putting away child molesters?? My state of Maine has a deaf ear to Jessica's law.
I have a great idea. Let's just throw out the "ex post facto" element of our laws and immediately execute ANYONE ever convicted of a crime (beyond some determined level of heinousness; maybe shoplifters lose both arms or some such).
Reoffense rates will go through the floor, victims will breathe easy.
What's not to like?
Says it all....Judicial Activist.
The non-voters out there happy that you "Taught those Republicans a Lesson". ???????
They never specify the exact nature of the offense, so who knows? Did he:
1. Live with an underage girl?
2. Get drunk and take off his clothes in public?
3. Commit rape and murder?
Without this information, it is impossible to say whether his punishment is just or unjust.
The compromise reached is a workable solution. Recidivism rates are extremely high and these fine folks will quickly reenter the system and become subject to all provisions of the law.
I had not heard that!! So contrary to what the libs tell us about safe cities (state in this case) there actually is some safety in VA!! Awesome!
MA idea of a safe city is the same mantra used to define "safe schools" safe for who is the question. Virginia is looking better and better.
"Sex offenders" includes eighteen year old boys with seventeen year old girlfriends. This law will institute GPS tracking that can be applied to you. It will do NOTHING to prevent child molestation. You fell for the pitch.
Democrats preparing to run for office.
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