September 2, 2010

Judge says L.A. County parolees aren’t subject to Jessica’s Law

9-2-2010 California:

Registered sex offenders on parole in L.A. County will no longer be subject to Jessica’s Law’s residency restrictions, per a ruling yesterday by L.A. County Superior Court Supervising Judge Peter Espinoza.

In his ruling (pdf), Espinoza points out that the court’s received 300 petitions asking for relief from the law and “dozens of parolees continue to file new petitions every week.” The petitions argue that in L.A. County, there’s virtually no affordable housing that complies with Jessica’s Law’s requirement that registered sex offenders—regardless of offense—reside at least 2,000 feet from parks and schools.

“It is now abundantly clear to the court that the question of the constitutionality of Penal Code Section 3003.5(b) ‘is a recurring problem important to other parolees and CDCR,’” Espinoza writes.

Espinoza argues that because filing a petition requires the assistance of legal counsel, “In the interests of equity and judicial economy, the Court now deems it appropriate to consider the procedural rights of all similarly situated parolees….” In other words, if some parolees have been able to get a stay of enforcement, all parolees should be granted a stay. ..Source.. by Kelly Davis

1 comment:

Anonymous said...

Thank God its about time some one opens there eyes to the truth.