If you must register under California Penal Code section 290 for an offense that was alleged to have been committed before November 8, 2006 and are on parole on or after November 8, 2006, you likely fall under the stringent requirements of California Penal Code section 3003.5(b) which forbids any California Registered Sex Offender on parole to live within 2,000 feet of a school, park, or any other place where children may regularly gather.[1] If these last provisions apply to you, then you probably already know how difficult it is to find a home that’s not within 2,000 feet of those places.
Legal challenges to these provisions were brought to the California Supreme Court in In re E.J., et al (2010) 47 Cal.4th 1258. There, the Court held the living restrictions are constitutional but affected persons can still argue the restrictions would be unconstitutional to their individual situations. Furthermore, the Court of Appeal in In Re Taylor (2012) D059574 ruled the “blanket residency restriction” of 3003.5(b) in San Diego County is unconstitutional, however parole officers still have the discretion to regulate a parolee’s living conditions only after considering the parolee’s circumstances. In other words, a parolee in San Diego County cannot fall under the restrictions unless it’s first determined by his or her parole officer the restrictions should apply.
What this means?
The residency restrictions provisions are still legal however it can be considered unconstitutional as applied to an individual person. The parolee affected by Jessica’s Law must petition to the local court of the county where he or she is paroled in order for the case to be heard. Among the many factors the court will consider about the parolee include but is not limited to: compliant housing available, proximity of parolee’s desired residence to protected places, criminal history (especially the underlying 290 offense), financial income, and medical condition. If the parolee is successful in obtaining relief, the residency restrictions will be modified accordingly.
If you or are a loved one are seeking help from these living restrictions, feel free to contact me here at The Law Offices of Mark A. Gallagher: (800) 797–8406 or email: hans.socaldefense@gmail.com
[1]A person would not need to be on parole for a 290 offense in order for the restrictions to apply. All that is required is the person was convicted of a 290 offense before November 8, 2006 and be on parole for any crime. Other places can include bus stops, public libraries, and a daycare center. For additional reading, see related article.
