California Court of Appeal

In habeas corpus petitions filed by registered sex offenders challenging the constitutionality of the residency restriction in the voter adopted Proposition 83, known as the "Jessica's Law," the trial court's order enjoining the California Department of Corrections and Rehabilitation from enforcing the residency restriction of the law is affirmed where the blanket residency restriction exceeds the scope of its stated objective of protecting children, because as applied it eliminates nearly all existing affordable housing in San Diego County for sex offender parolees, in essence banishing them from living within most if not all of the County.

Appellate Information

• Decided 09/12/2012
• Published 09/12/2012

Judges

• Benke

Court

• California Court of Appeal

Counsel