Court Allows Sex Offenders to Live Near Schools
California Prop 83 hits the legal wall we expected
A 2006 Ballot Proposition in California titled “Jessica’s Law” (Prop 83) was just ruled unconstitutional in California by the Fourth District Court of Appeals in Santa Ana. Prop 83 prohibits registered sex offenders from living within 2,000 feet of any school or park, as well as mandatory minimum sentences, eliminating good time and work-time credits, as well as a host of other provisions.
According to the ruling issued yesterday:
“…the court said the judge’s order would have been valid if the Prop. 83 requirements were simply non-punitive measures to protect the public. But because they have an “overwhelmingly punitive effect,” the court said, they can be imposed only after a jury trial and conviction for a sex crime. That also means the restrictions can’t be applied retroactively.”
Which also means a convicted child sex predator can now legally live across the street from schools and parks again, although key provisions such as mandatory GPS monitoring remain in place.
On the one hand, lib rags such as the LA Times have been chock full of horror stories about the “Homeless Sex Offenders” being forced to wander the streets (as long as they stay 2000 feet away from our kids), living in the river bottoms.
On the other hand, we want these creeps away from our kids, and GPS monitoring can’t guarantee that if no one is paying attention.
One might ask if a recall of the involved judges would be in order? Definitely a re-write of the finer points of the Proposition would be. So where do we put ‘em? Myself I don’t care if they put them on an island 200 miles off shore, but I’d like to not have to revisit this in the liberal courts. Ever.