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This website contains info on the ramifications of California's Prop 83
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New News ...
Updated on 2-01-2008
Sex offender wins a round in court
By: SCOTT MARSHALL - Staff Writer
Appellate justices say higher caseload from Jessica's Law doesn't excuse delay
SAN DIEGO ---- Jessica's Law was meant to make it possible for sex offenders like Charles Thomas Small to be kept behind bars longer, but it inadvertently contributed to him being ordered released on parole last year.
Small, 62, who molested a 9-year-old girl 10 years ago in Pacific Beach, has remained in custody pending an appeal the district attorney's office filed in his case, but a state appeals court ruled in his favor last week.
Appeals court justices decided a Superior Court judge was correct to dismiss the case in which the district attorney's office sought to have a judge or jury declare Small a sexually violent predator and commit him to a state mental hospital indefinitely.... more
Residents seek to block sex offender's move-in
Daily News, Los Angeles ...
LANCASTER - Residents and civic leaders Friday expressed outrage that a twice-convicted child molester from Santa Barbara might be sent to live in the Antelope Valley.
Homes in three areas - Hi-Vista east of Lancaster, Littlerock and Pearblossom - are being reviewed as possible sites to place Kenneth Rasmuson, 46, described by authorities as a sexually violent predator. "I think it's appalling," said Patti Rivetti of Littlerock, one of more than 200 people who showed up at a news conference. "We've got too many children and families that come up here for a better quality of life, and it's being destroyed by these people. "This guy needs to know he's not going to be safe if he moves up here."
The press conference was called by Lancaster husband-and-wife state legislators Sen. George Runner and Assemblywoman Sharon Runner.
"There's something very wrong about unleashing a dangerous rapist on society," Sharon Runner said article
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Early Analysis of GPS Program
By Michael Connelly(Michael Connelly)
The Center for Evidence-Based Corrections, at the University of
California, Irvine, has just posted the results of the first analysis
of implementation and outcomes for GPS monitoring of high risk sex
offender parolees in California. ... link
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The News Hour with Jim Lehrer recently aired a segment on sex offender laws.
The segment emphasized that, “Twenty-two states have laws that restrict where convicted sex offenders may live and, in some cases, how they interact with the community after they are released from prison. Jeffrey Kaye reports on the laws and the constitutional questions they’ve raised.” Link
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Sex offenders becoming homeless
ABC&NEWS did a brief television segment yesterday on Jessica’s Law.
The segment emphasized that “San Francisco’s paroled sex offenders are having trouble complying with a law that says they can’t live in places that are close to children. So, some offenders are now claiming they are homeless to get around the law.”
link
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Roaming sex offenders on the rise
Some made homeless by law barring them from areas near schools, parks
By John Simerman, STAFF WRITER
Article Last Updated: 01/04/2008 02:45:52 AM PST
SAN PABLO — S.T. is a registered sex offender with a wife, three kids and a cozy apartment near Hilltop Mall. But every night he roams the dark streets in a pea coat, a wool cap and a GPS tracker strapped to his left ankle.
He'd rather stay home. But that could mean running afoul of Jessica's Law, and a return trip to prison ... article
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Older News ...
State Supreme Court refuses to halt sex offender parolee arrests
Bob Egelko, Chronicle Staff Writer
Tuesday, October 16, 2007
(10-15) 18:21 PDT San Francisco -- The state Supreme Court, which last week blocked the arrests of four paroled sex offenders who live within 2,000 feet of a school or park, refused Monday to extend its order to about 850 more parolees who face arrests for the same reason. Article
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Corrections over-counts sex offenders who have to move
By DON THOMPSON Associated Press Writer
News Fuze
Article Launched:09/24/2007 07:07:23 PM PDT
SACRAMENTO—The state corrections department over-counted by nearly one-third the number of paroled sex offenders who risked being sent back to prison if they did not move from their homes because they live too close to schools and parks, a spokesman said Monday.
The department announced 2 1/2 weeks ago that it had notified 2,741 parolees that they had 45 days to relocate because of Jessica's Law. But 968 of them are either missing, dead, back in custody, have completed parole or aren't really sex offenders, said Oscar Hidalgo, spokesman for the California Department of Corrections and Rehabilitation.
The new accounting leaves 1,773 parolees whom the department believes are in violation of the law, an initiative passed overwhelmingly by voters in November that bars sex offenders from living with 2,000 feet of a park or school.
Hidalgo blamed the discrepancy on confusion within the department's parole division as agents rushed to confirm the legal status of the ex-convicts.
The department also failed to properly notify 30 percent to 50 percent of the 1,773 violators that they would have to move, Hidalgo told The Associated Press. Many of the notices sent out between Aug. 20 and Sept. 7 did not specify the name of a school or park or how far it was from the offender's home, he said.
As a result, some of those violators may get more time to find new homes, he said. Parole agents plan to fan out Tuesday to distribute new notices. Under an agreement with attorneys representing inmates, they would give parolees 10 business days to find new homes.
The deadline for the first parolees to comply with Jessica's Law originally was Oct. 4.
"Worst case scenario, they'll be given until the 10th," Hidalgo said. "They'll be extended four business days." more
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Court rejects petition to waive sex offender law
By Raul Hernandez
Thursday, September 13, 2007
An appeals court this week rejected without comment a request by Ross Wollschlager — the county's first designated sexually violent predator released into the community — to waive the restrictions of Jessica's Law on grounds that it doesn't apply to him.
Wollschlager's attorney, Michael McMahon, said Wednesday that he will appeal the decision by the 2nd District Court of Appeal to the state Supreme Court in about 10 days.
McMahon, who works at the Ventura County Public Defender's Office, said he argued to the appeals court that the restrictions spelled out in Proposition 83 are being improperly imposed on the 43-year-old convicted rapist.
The initiative, also known as Jessica's Law, was passed by voters in November, eight months after Wollschlager was found fit for conditional release by a Ventura County Superior Court judge. The courts have since ruled the law and its restrictions on housing cannot be applied retroactively. That means only sex offenders paroled after Nov. 7 are affected.
Chased out of seven hotels as law-enforcement agencies announced his presence in the community, Wollschlager is living in a state-provided tent in a riverbed. A friend has offered him a place to stay, but that residence is within 2,000 feet of a park, according McMahon.
Jessica's Law bars sex offenders from living within 2,000 feet of schools and parks.
Special Assistant District Attorney Michael Schwartz said the appeals court never requested any opposing legal papers from his office on the matter.
"The status of this case with him living in a river bottom is not a good state of affairs. I think the state has got to come up with a better solution where to house these people where we can keep track of them," said Schwartz.
McMahon said his client shouldn't be under any of the restrictions of Jessica's Law.
Wollschlager was approved for release in April 2006. His release was unlawfully delayed by Ventura County Superior Court, an appeals court later ruled..
© 2007 Ventura County Star
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Another court challenge. This time an ex-offender released into the community after civil committment sues to block the application of prop 83 restrictions ...
An appellate court was asked Friday to determine whether new restrictions barring sex offenders from living within 2,000 feet of schools and parks should be applied to Ross Wollschlager, Ventura County's first designated sexually violent predator released back into the community.
The Ventura County Public Defender's Office filed a petition with the 2nd District Court of Appeal on behalf of Wollschlager, arguing the restrictions spelled out by Proposition 83 are being improperly imposed on the 43-year-old convicted rapist. more Ventura County Star September 1, 2007
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Rosemead sex offenders must move
95% are reportedly out of compliance with distance requirement
ROSEMEAD - Nearly all of the registered sex offenders in the city must relocate in the next several weeks because they live too close to schools, parks and playgrounds, officials said.
There are 40 registered sex offenders living in Rosemead. Those convicted of sex crimes against minors and paroled from prison after Nov. 8, 2006, will have to move to comply with Jessica's Law, approved by California voters last year.
The law requires they live no closer than 2,000 feet from places where children are known to congregate. Parole agents began enforcing this statewide Aug. 17.
"Ninety-five percent of sex offenders living in the city are non-compliant," said Maria Franco, state Department of Corrections and Rehabilitation chief deputy for region 3, which includes eastern Los Angeles County.
From the time they're determined to be out of compliance, offenders will have 45 days to move. By Jennifer McLain Staff Writer, San Gabriel Valley Tribune
Article Launched:08/31/2007 10:04:24 PM PDT
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State hits the street to notify Jessica's Law sex offenders
SAN DIEGO ---- State officers toting satellite-aided tape measures have started visiting paroled sex offenders throughout California to tell them to move if they live within 2,000 feet of schools or parks ---- a violation of the Jessica's Law provision that voters passed in November.
State corrections officials said that includes about 190 parolees in San Diego County and 65 in Riverside County, and those living too close to schools and parks would be given about 45 days to move on.
However, San Diego County officials said they haven't started notifying the 16 or 17 sex offenders they monitor on probation ---- which is different from parole ---- because of uncertainty in the law. Read More GIG CONAUGHTON - Staff Writer North County Times 9-1-2007
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Let's sum up what has transpired since the 7th of November.
November 8th, 2006, the day after prop 83 (Sexual Predator Punishment and Control Act) passed by 70% of the vote, a request for a temporary restraining order (TRO) was filed by Dennis Riordan for John Doe against the application of residency restrictions.
The TRO was granted by federal judge Susan Illston. The complaint was against the California Attorney General, the Governor and Bay Area District Attorneys. Then the filing of briefs and responses started. It appeared everyone was agreeing the residency restrictions were not to be applied retroactively.
Riordan wanted a binding agreement, signed by then Attorney General Bill Lockyer, a court date was scheduled. Since the parties agreed about the retroactivity, it appeared that the subject of the hearing would be merely entering the agreement into the record and be done. At that hearing, Lockyer's staff changed their previous position. Their new interpretation: since John Doe lived within a restricted zone (less than 2000 feet from a school or park), he could stay there. If Doe moved, however, he would have to comply with the residency restrictions. The new Attorney General, Jerry Brown, later agreed with Lockyer's position. The Governor and the authors of prop 83 disagreed with the AG's stance and considered it simply not retroactive.
The Judge, Jeffery White, said he felt "ambushed" by the AG's change in interpretation and scheduled a hearing for February 23d. More briefs and responses ensued. A decision in another court case, by Judge Lawrence Karlton in Sacramento, stated the residency restrictions were not retroactive and the AG's position was bordering on frivolous (frivolous is a term that no lawyer wants used to describe their case. Definition of frivolous: of little or no weight, worth, or importance; not worthy of serious notice).
On February 22, one day prior to the scheduled hearing, Judge White said John Doe did not have a case since the SPPCA (Sexual Predator Punishment and Control Act) was not retroactive. John Doe had claimed injury due to the requirement to move from his home. No move = no injury, no injury = no case. This case (Doe v. Schwarzenegger, 06-6968) is not subject to appeal since it was dismissed. The hearing on the 23d was cancelled. (PDF of White's decision)
Where it stands.
At this point the residency restrictions are not considered retroactive. The point at which the application starts is still unclear. Part of the debate is whether it starts from the date of conviction, release from incarceration or release from parole or probation. Other issues that have not been addressed are other provisions of the SPPCA. GPS tracking, civil commitment and sexually violent predator status (SVP) are big amongst the unresolved aspects of the SPPCA. Hopefully the clarity around Judges White and Karlton's rulings bode well in future applications of, or cases against, the SPPCA.
What to do.
I am happy for the people who can breathe easier about dodging this particular bullet. The relentlessness of the current trend, politicians inventing more ways to infringe upon ex sex offenders' civil rights, continues. More laws are being manufactured with little debate. States and communities are still vying for who has or will have the "toughest sex offender laws in the nation."
Please contribute to the lobbying against and monitoring of California sex offender legislation.
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February 22: Judge White Dismisses San Francisco Case.... Says the residency restrictions are not retroactive !!! See the PDF
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Jessica's Law Moves Past Injunction
Wednesday, 14 February 2007
The following is a statement by Senator George Runner (R-Antelope Valley) and Assemblywoman Sharon Runner (R-Antelope Valley) in response to Judge Karlton’s decision to deny the injunction on Proposition 83.
“We are pleased with Judge Karlton’s decision today. The decision allows us to continue to move forward on implementing Prop 83 and apply the new residency restrictions to sex offenders as they are being released from prison,” said Senator Runner.
Assemblywoman Runner said, “While individuals who have opposed Prop 83 have claimed there was confusion as to whether the law can be applied retroactively, Judge Karlton made it clear that it is well-established that California laws apply prospectively.”
Judge Karlton specifically stated, “…it is well-established in California that statutes operate prospectively unless there is clear evidence of intent to the contrary.” He further added “this principle has been characterized as a ‘time honored principle’…that is ‘familiar to every law student.’”
Senator Runner said, “The will of the people will continue to be implemented.”
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``The court finds that the law does not apply to individuals who were convicted and who were paroled, given probation or released from incarceration prior to its effective date,'' Federal Judge Karlton Rules on Prop 83 Friday 2-9-2007 This is great news! see the 11 page court document here
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Grover Beach City Council Monday night unanimously adopted and approved ...ordinance banning sex offenders....
from living within 1000' of schools, parks and state licensed daycare centers. ... Article
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... AG, governor, prosecutors debate Jessica's Law's reach ...
SACRAMENTO - Attorneys for the governor, attorney general and local prosecutors said Monday that they cannot agree how to enforce tough new residency restrictions on sex offenders that were approved last year by California voters.
The attorney general's office says the law should apply retroactively to those previously released from prison. The governor and local prosecutors say it should apply only to those released after Proposition 83 was approved in November
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ACLU NC description of the constitutional problems of Prop 83 (Jessica's Law)
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Iowa ... Residency restrictions not working says law enforcement and prosecutors ..."There is no correlation between where a sex offender lives or sleeps and where that person might reoffend," article
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Sexile on Main Street TCS Daily ... article
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South Dakota Re-Thinking Sex Offender Restrictions ... article
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State prisons in 'tailspin,' panel says,In a blistering report, the nonpartisan Little Hoover Commission links problems plaguing the correctional system to a lack of political will. LA Times
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Banishment ... BANISHMENT BY A THOUSAND LAWS: RESIDENCY RESTRICTIONS ON SEX OFFENDERS
a Scholarly 50 page paper by Corey Rayburn Yung ... Paper (PDF)
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Grover Beach OKs boundaries for sexual offenders article
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Jerry Brown filed a brief today regarding the SF court case on Residency restrictions. He concurs with the previous attorney generals interpretation of the residency restrictions of Prop 83. This is not good news ... See the article ... The article includes a PDF of the filing.
____________________________________________________________________________________________________________More articles: ... LA Times____________________________________________________________________________________________________________
Sex-crime offenders downtown scrutinized . . . San Diego
Predator law fuels financial concerns... SACRAMENTO — More than a month after voters approved sweeping new restrictions for sex offenders, serious questions remain on how key provisions — including residency requirements and lifetime electronic monitoring — will be implemented and enforced ... article
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Court filings in the SF case (Doe vs. Schwarzenegger) All in PDF format.
TRO ... Complaint ... Nov 8, 2006
Lockyers 1st response ... Riordan's response ... Lockyers 2nd response ... Riordan's 2nd response
Jerry Brown's response ... Riordan's 3d response ... Jerry Brown's response #2 (2-9-2007)
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Anti-sex-offender zoning laws challenged ... major push to crack down on sex offenders in recent years may be backfiring ... article
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Baldwin Park ... City Council unanimously approved an urgency ordinance that no longer allows registered sex offenders to live within 2,000 feet of day-care facilities, the public library and commercial establishments, which provide playgrounds for children such as McDonald's and some bus stops ...
Councilman David Olivas said he thinks the ordinance will change the way sex offenders act ...The new law also bans all registered sex offenders, regardless of residency, from loitering within 300 feet of any type of children's facility and prohibits them from returning to a site where he/she has been notified to vacate.
City officials said the urgency ordinance does not apply to sex offenders already living in Baldwin Park and said they will not be forced to move out. However it does apply to sex offenders who already live in the city and plan to relocate within city limits.
Olivas said the city will be mailing copies of the new laws to all registered sex offenders who reside in the city by today. Those who move into the city in the future will also be given a copy of the ordinance.
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Jessica's Law triggers mess for state
BETTY SCHNEIDER, Guest Columnist
LA Daily News
12/09/2006
OVER 70 percent of California voters backed Proposition 83, "Jessica's Law." And, as in Iowa before it, the legislation has engulfed the state in a legal morass. Does it apply retroactively? Was it framed honestly and precisely? Is it even constitutional?
It's unlikely that most busy citizens who punched "yes" had closely explored Proposition 83's paradoxes and knots. They only saw its bare-bones title, "Sexual Predator Punishment and Control Act" - a red flag raised in the name of kids - and immediately saluted.
But voters had little way of knowing that Proposition 83's authors, state Sen. George Runner and his wife, Assemblywoman Sharon Runner, R-Lancaster, had fleshed it out with a patchwork design that might be termed "Frankenstein's Measure." ... See the rest of the article ......see Betty's website: www.therapy-key.com
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ACLU NC description of the constitutional problems of Prop 83 (Jessica's Law)
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Jerry Brown makes a statement. 
"I've already met with some leading district attorneys, I've spoken with some representatives of Governor Schwarzenegger, and they all have a view that this proposition should be prospective. Initially, the Attorney General has a somewhat different view and I'm not the Attorney General yet, but I can assure you I will take a very hard look at this,"
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No Longer the Attorney General ...
Ex Attorney General States his position in a letter to the LA Times ...
Prop. 83 stance defended 
Attorney General Bill Lockyer
December 6, 2006
Your Dec. 1 editorial criticizing my legal defense of Proposition 83 and alleging that I switched positions misses the mark. Despite our different positions on the proposition, we likely agree that some of the measure's provisions could have been more clearly drafted. As attorney general, however, my duty is to defend the law as written and approved by the voters, not to advocate a position based on how I or others wished the authors had drafted the measure.
I am convinced that voters intended to protect children by placing a residency limitation on as many convicted sex offenders as possible. The position I've taken in defense of the initiative is consistent with that intent. My office's legal argument has not changed. What we have told the courts has been consistent: The 2,000-foot residency restriction is prospective in nature, applying only to actions taken by sex offenders after the proposition became law, regardless of when they committed their offense.
If I adopted the interpretation urged by The Times, more than 80,000 sex offenders would be immune forever from the residency restrictions, and sex offenders currently in prison would be exempted forever from its GPS monitoring requirements. That is not what the proposition says, and I do not believe that is what voters meant when a large majority of them enacted this measure.
BILL LOCKYER Attorney General
Attorney General Sacramento
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Senator George Runner
E Mail from Senator George Runner on Attorney Generals position . .
From: Runner, <mailto:George.Runner@SEN.CA.GOV> George
To:
Sent: Tuesday, November 28, 2006 1:31 PM
Subject: RE: Lockyer changes his mind
Thank you for your email. I have consistently stated that Prop 83's
residency restrictions can only be applied to offenders being released
from prison.
I also learned yesterday that the Attorney General thinks the
residency restrictions may restrict past offenders from moving to
live near a school. He has to submit a brief for a hearing on Feb. 23rd.
This is the first we have also learned of this change of position from the
Attorney General.
The Attorney General is the only one stating this new opinion. The
Governor's attorneys continue to argue that the law be implemented
only for offenders as they are released from prison. We will continue to
advocate that the law be implemented on offenders being released
from prison.
At this point, the Judge has ruled that further arguments be
discussed on February 23.
Thank you.
George Runner
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November 27th: Attorney General Changes position. Considers it retroactive .... New hearing scheduled for February 23. Judge feels "ambushed" by Attorney Generals change...
After Lockyer's office maintained in court briefs that Proposition 83 is not retroactive, Deputy Attorney General Teri Block told a judge Monday that the law does apply - albeit with a caveat - to those who committed their crimes before the law's Nov. 7 passage.
Block told U.S. District Judge Jeffrey White during a hearing challenging the constitutionality of Proposition 83 that sex offenders who already are living within the prohibited zones can stay there - but if they move, they must comply with the new law.
The attorney general's interpretation of the law generally stands unless it is overturned by the courts, lawmakers or voters. Doe v. Schwarzenegger, 06-6968
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Other cases (Sacramento and LA) Two other lawsuits also challenge the constitutionality of Proposition 83.
A Sacramento parolee has won a temporary restraining order barring officials from evicting him at least until his case is heard in federal court.
And in Los Angeles, an ex-convict living in a Ventura County motel has filed a suit saying that the initiative’s requirement that he be monitored for life by a satellite-tracking device violates his privacy rights.
Good Summary article: Press Enterprise
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Older News re court challenges
Attorney Dennis Riordan
The Attorney General filed a brief on Wednesday afternoon 11-15-2006 that states that the restraining order for John Doe (Doe v. Schwarzenegger, 06-6968) and the filed complaint is "without merit" due to prop 83 not being considered retroactive. Especially the residency restrictions. We will see what Dennis Riordan's response will be by the 20th of November.
I hope that this means the residency restrictions and the GPS tracking are not meant to be retroactive. Sounds like the AG doesn't want to fight for retroactivity.
....Schwarzenegger echoed that position in a session with reporters Thursday, saying, "It should not be, it was not intended to be retroactive ... . From here on forward, that's what the law will be."
Press Enterprise Prop. 83's requirement to wear a tracking device is not retroactive, an attorney argues.
LA Times : Arnold lacked the guts to oppose Prop. 83
The Signal Santa Clarita (City Reviewing Effect of Prop. 83 Lawsuit)
The restraining order that was filed on November 8th applies only to the residency restriction portion of Prop 83.
It is our impression that after the vote is certified (no later than Dec 16th) all of the other portions of Prop 83 can go into effect.
Other items of most concern, invoking after the fact punishment, are the GPS tracking provision (anyone ever released to the community from prison on parole for a sex offense, not jail time or probation) and the ability for local jurisdictions to establish their own residency restrictions. New info...GPS tracking provision being restrained.
Dennis Riordan obtains Temporary Restraining Order November 8. Next hearing on November 27th.
TRO text (For those of you not in counties where this order is in effect, here is a copy in case you have an attorney who would like to see it.) From Niki Delson CCOSO
GPS tracking to start? There is now a court challenge against the GPS
Zoning Laws
Jurist California Sex News
Predator Panic: A Closer Look. Benjamin Radford Excellent opinion piece
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Please contact us if you wish to be involved in the fight to stop this kind of insanity. Contact
OTHER GROUPS
Resources (links will take you to the web info, use your back arrow to return)
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eAdvocate large site of news accross the US and education resources.
CALCASA ................ Audio Interview
3 part video on sex offender treatment problems
California Connected produced a series on Proposition 83 see video (it is a large file)
Map of residency restricted areas
UC Berkeley | Institute of Governmental Studies Library
California Ballot Initiative Prop 83 November 2006 text of 83
Official Title and Summary The Sexual Predator Punishment and Control Act
Sex Offenders. Sexually Violent Predators. Punishment, Residence Restrictions and Monitoring. Initiative Statute. (Proposition 83, Jessica's Law, Prop 83)
Twenty Questions Tom Tobin CCOSO
Campaign Finance Activity secretary of state
Wikipedia summary of Jessica's Law local and national.
Sex Offender Residence Restrictions Jill S. Levenson, Ph.D.
The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd? Jill S. Levenson, Ph.D. Leo P. Cotter
Myths and Facts About Sex Offenders Center for Sex Offender Management US DOJ
California Attorney Generals office FAQs
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Stories from ex offenders
"I am a sex offender. 20 years ago,on the darkest night of my life... Read More
"I am the girlfriend of a registered sex offender...... more
SexOffenderNetwork Stories and letters to judges and the Attorney General
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My Thanks to all that have supported, worked hard and stood up to help defeat Proposition 83. We will continue to work to stop the wildfire of faddish sex offender legislation that is being inflicted on ex offenders and their loved ones. Hopefully, as a society, we will not replace tragedy with more tragedy. I'm sure that many of the people who support this type of persecution have their heart in the right place and are just ignorant of the true ramifications of these laws. May God bless you all ... prop83.org
2000 feet from making sense
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