The initiative prohibits registered sex offenders from living within 2,000 feet of a school or park. In a lawsuit Wednesday, attorneys said that constitutes a new penalty imposed on ex-convicts years after they have been punished for their crime. The measure also is unconstitutional on due process grounds, the lawyers argue, because it would force offenders from their homes without notice.
Judge Susan Illston granted the temporary restraining order after concluding that the man who brought the lawsuit would probably win, and would be irreparably harmed if he were forced to comply with the law while the suit is pending.
Nearly all laws named after a crime victim are bad laws, and California's "Jessica's Law" is no exception. As this lawsuit demonstrates, uprooting people who aren't a threat to the community does nothing to promote the community's safety. And uprooting people who are a threat merely moves the threat. Offenders in Iowa who can't find a place to live that complies with the law have simply absconded from supervision, a consequence that has caused some Iowans to push for a repeal of the state's banishment law.
A recent report by California's corrections department — whose parole agents have been struggling this year to find housing for sex offenders just released from prison — suggested that the same could happen here, placing communities at greater risk.
Some supporters of Jessica's Law claim it wasn't meant to apply to the 85,000 registered sex offenders who already live in California. So those 85,000 can live near parks but new registrants can't? How is it useful to banish some offenders but not others?
Even if banishment laws are uniformly applied, there's no evidence that they work.
"These laws are popular because people assume sex offenders might be lurking in playgrounds, or watching children from their window, to gain access to victims," [Prof. Jill] Levenson said. "While that may be true in some cases, most molesters target children with whom they have a previous relationship, so residency restrictions really don't solve the problem of sexual abuse."
Knee-jerk laws like this are easy to pass. A rational approach to crime policy, relying on research and a thoughtful understanding of a law's impact, takes more time and patience. The time is worth investing.
