California Proposition 83 (2006) - Enforcement

Enforcement

In November 2006, enforcement of the new law was initially blocked in four counties by U.S. District Judge Susan Illston who ruled in a lawsuit filed by an existing offender based on its retroactive nature. However, three months later, U.S. District Judge Jeffrey White dismissed that lawsuit. In 2010, the Supreme Court of California ruled that the residency requirements of Jessica's Law could be applied retroactively. On September 12, 2012, a state appeals court blocked enforcement of the residency requirements of Jessica's Law for all paroled sex offenders in San Diego County, affirming a lower court ruling, stating that it was an unconstitutional blanket condition of parole that "limits the housing choices of all sex offenders identically, without regard to the type of victim or the risk of reoffending."

The California Department of Corrections and Rehabilitation (CDCR) has stated that every registered sex offender paroled after the law's passage in 2006 is wearing a GPS device. However, CDCR is responsible for only 11% of California's sex offenders statewide, and "only a fraction of the state's registered sex offenders wear a GPS unit".

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