Since the passage of the federal version of Megan's Law in 1994, which required states to set up sex offender registries and make the information accessible to the public, lawmakers in California and across the U.S. have passed strict laws to control the lives of those convicted of sex offenses. Now some communities are using the laws to drive those convicted of sex offenses out of their cities and towns completely.
Jessica's Law
In 2006, California voters approved a ballot initiative called "Jessica's Law," which made it illegal for those convicted of sex offenses to live within 2,000 feet of a school, church, day care center or park.
After the passage of Jessica's Law, registered sex offenders tended to reside in various parts of cities and towns as permitted under the law's residential requirements. However, local residents in those neighborhoods have begun to take steps to drive out registered sex offenders. Local residents and city officials are constructing tiny parks wherever they can squeeze them in to make their neighborhoods off-limits for sex offenders. One of the smallest parks in California, measuring less than 1,000 square feet, will open in Los Angeles' Harbor Park neighborhood in the summer of 2013. The city has plans to open two more parks in 2013, as well.
However, in January 2013, the California Supreme Court heard a challenge to the constitutionality of these residency restrictions for sex offenders, after a lower court and appellate court ruled that the residency restrictions were too broad to be constitutional. It is not clear what effect the pocket parks will ultimately have on sex offenders' residence options while the litigation is on-going.
Homelessness among those convicted of sex offenses
Many argue that Jessica's Law does more harm than good. Those on the California Sex Offender Management Board note that homelessness among those convicted of sex offenses has increased by three times since the passage of Jessica's Law in 2006. Currently, one-third of parolees convicted of sex offenses are homeless.
Presenting almost insurmountable roadblocks to finding stable housing is counterproductive to people trying to rebuild their lives after a sex offense conviction. These residency restrictions isolate people at times when they most need support, according to those who advocate changing the laws.
Sex offense conviction ramifications
Those convicted of sex offenses must face other difficulties in addition to the problems finding housing. Many have trouble finding employment. Because sex offender registry information is available online, anyone can access it and find out the names of people on the registry. Those on the registry have no privacy, as their names, addresses, conviction histories and photographs are online. Some on the registry have reported being harassed and threatened.
Laws such as Jessica's Law demonstrate how seriously authorities take sex offenses. They will not hesitate to prosecute such cases to the fullest extent possible. The consequences of a sex offense conviction can be devastating. If you are facing sex offense charges, you should immediately seek the assistance of a skilled criminal defense attorney.
Article provided by Greenberg & Greenberg, A Professional Law Corporation
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Cities make it hard for those convicted of sex offenses to find housing
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