Unanimous California high court overturns “Jessica’s Law” residence restrictions

In 2006 California votes approved the Sexual Predator Punishment and Control Act (a.k.a. Jessica’s Law) which, writes Jacob Sullum, “prohibits registered sex offenders from living within 2,000 feet of a school or park, without regard to the nature of the crimes they committed or the threat they currently pose.” Persons are added to the registry over offenses — indecent exposure after being caught urinating at 2 a.m. outside a bar, for example — that may have nothing to do with children, force, or even sexual conduct as such. Under the sweeping terms of the California law, persons on the register were prohibited from occupying an estimated 97 percent of the apartment-zoned land in San Diego County. Sullum: “In 2007 Georgia’s residence restrictions, which mandated the relocation of sex offenders dying in nursing homes and forced repeated moves as formerly legal homes became illegal, were unanimously overturned by the state Supreme Court, which observed that ‘there is no place in Georgia where a registered sex offender can live without being continually at risk of being ejected.’

Meanwhile, in Carson, Calif., the city council has declined to amend its strictest-in-the-state law, which “prevent[s] them from going within 300 feet of day-care centers, libraries, swimming pools, and any establishment with a children’s playground or school bus stop.” [Daily Breeze]

Peter Bonilla is reminded of why “laws named after dead kids are bad for freedom,” a theme we have pursued here and here, among other places in our names of laws tag.

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