I think some restrictions can be used. Safety of children is important. On Fri, Nov 5, 2010 at 10:28 PM, Keith In Tampa <[email protected]>wrote:
> Uhm.....Call me a Moonbat, but I agree with this judge... > > > > > On Fri, Nov 5, 2010 at 2:28 PM, Travis <[email protected]> wrote: > >> >> >> >> >> >> >> >> >> >> Unbelievable! This goes with the recent one that an illegal who used >> someone else's SSN to buy a house, vehicle and to work did not commit a >> crime...Ferg >> >> >> Law restricting where sex offenders can live is unconstitutional, L.A. >> judge >> rules<http://latimesblogs.latimes.com/lanow/2010/11/law-restricting-where-sex-offenders-can-live-unconstitutional-la-judge-rules.html> >> >> November 4, 2010 | 8:07 am >> >> >> http://latimesblogs.latimes.com/lanow/2010/11/law-restricting-where-sex-offenders-can-live-unconstitutional-la-judge-rules.html >> >> Saying sex offenders are being forced to choose between prison and >> homelessness, a Los Angeles judge issued an opinion this week blocking >> enforcement of provisions a state law restricting how close those offenders >> can live from parks or schools. >> >> Superior Court Judge Peter Espinoza issued the 10-page ruling after four >> registered sex offenders petitioned the court, arguing that the legislation >> known as Jessica's Law was unconstitutional. >> >> He said the court had received about 650 habeas corpus petitions raising >> similar legal issues, and that hundreds more were being prepared by the >> public defender's and alternate public defender's offices. >> >> "The court is not a 'potted plant' and need not sit idly by in the face of >> immediate, ongoing and significant violations of parolee constitutional >> rights," Espinoza wrote. >> >> Proposition 83, which is better known as Jessica's Law and was >> overwhelmingly passed by state voters in 2006, imposes strict residency >> requirements on sex offenders, including requirements forbidding them from >> residing within 2,000 feet of any public or private school or park where >> children regularly gather. >> >> Before the law passed, those residency requirements were imposed only on >> offenders whose victims were children. >> >> Civil rights attorneys have argued that provisions of the law make it >> impossible for some registered sex offenders to live in densely populated >> cities. >> >> Nearly all of San Francisco, for example, is off-limits to sex offenders >> because of the number of parks and schools close to housing. Los Angeles >> officials also said that there are few places in the city where sex >> offenders can find housing that meets Jessica's Law requirements. >> >> The California Supreme Court ruled in February that registered sex >> offenders could challenge residency requirements in the law if it proves >> impossible to avoid living near parks and schools. >> >> State corrections officials said Wednesday that they could not comment on >> the specifics of Espinoza's ruling, but said they would continue to ensure >> residency restrictions are imposed in cases where there is a valid reason to >> continue enforcing them. >> >> "There are other tools that the Department of Corrections and >> Rehabilitation can and will continue to use to further public safety, >> including residency restrictions specific to each offender," said the agency >> spokesman Luis Patino. >> >> In his opinion, Espinoza cited comments by Los Angeles Police Chief >> Charlie Beck that the Jessica's Law restrictions had resulted in "a marked >> increase of homeless/transient registrants." The judge noted that in 2007, >> there were 30 sex offenders on active parole in the city of Los Angeles. By >> September of this year, that number had jumped to 259. >> >> "Rather than protecting public safety, it appears that the sharp rise in >> homelessness rates in sex offenders on active parole in Los Angeles County >> actually undermines public safety." wrote Espinoza, who is the supervising >> judge of the Los Angeles County criminal courts. "The evidence presented >> suggests that despite lay belief, a sex offender parolee's residential >> proximity to a school or park where children regularly gather does not bear >> on the parolee's likelihood to commit a sexual offense against a child." >> >> LAPD officials said they were reviewing the court decision and had no >> immediate comment on its specifics. >> >> Last month, in a briefing for the Los Angeles Police Commission, Det. >> Diane Webb, who heads a unit responsible for tracking the whereabouts of sex >> offenders, said there are about 5,100 registered sex offenders living in the >> city. >> >> Of those, about 20%, or approximately 1,020 people, are on parole for >> felony crimes and are prohibited by state law from living near a school or >> park where children gather, Webb said. >> >> She said that some of the city's sex-offender population has come to Los >> Angeles from surrounding cities that have passed additional sex-offender >> laws that make it next to impossible for offenders to find a place to live >> and push them to look elsewhere, but that Los Angeles does not have any >> additional laws on its books, making it a feasible destination. >> >> -- Andrew Blankstein >> * * >> >> >> >> >> >> >> >> -- >> Thanks for being part of "PoliticalForum" at Google Groups. >> For options & help see http://groups.google.com/group/PoliticalForum >> >> * Visit our other community at >> http://www.PoliticalForum.com/<http://www.politicalforum.com/> >> * It's active and moderated. Register and vote in our polls. >> * Read the latest breaking news, and more. > > > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help see http://groups.google.com/group/PoliticalForum > > * Visit our other community at > http://www.PoliticalForum.com/<http://www.politicalforum.com/> > * It's active and moderated. Register and vote in our polls. > * Read the latest breaking news, and more. -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
