Proposition 83 of 2006 (also known as the Sexual Predator Punishment and Control Act: Jessica's Law or simply, Jessica's Law) was a statute enacted by 70% of California voters in November 7, 2006, authored by State Senator George Runner (R-Antelope Valley) and State Assemblywoman Sharon Runner (R-Antelope Valley). It was proposed by means of the initiative process as a version of the Jessica's Law proposals that had been considered in other states.
The Act was a lengthy and complex measure that made many changes to the California Penal Code and the Welfare and Institutions Code. Its provisions increased the penalties for sex offenders, broadened the definition of certain sexual offenses, eliminated good time credits for early release of certain offenders, prohibited probation for certain crimes, extended parole for some offenses, increased court-imposed fees on sex offenders and provided for lifelong GPS monitoring of high risk sex offenders. The law also bars convicted sex offenders from living within 2,000 feet of a school or any place where children gather--effectively blocking them from living in the vast majority of the areas of large California cities. Under the new law, a sex offender with a minimum of one victim and any previous criminal history may be civilly committed for an indefinite period.
Enforcement of the new law was blocked by U.S. District Judge Susan Illston, who ruled in a lawsuit filed by an existing offender based on its retroactive nature. In 2010, the Supreme Court of California ruled that the residency requirements of Jessica's Law could be applied retroactively.
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, the 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".
The law was sponsored by husband and wife legislators State Senator George Runner (R-Antelope Valley) and State Assemblywoman Sharon Runner (R-Antelope Valley). It was supported by Governor Schwarzenegger and law enforcement throughout the state. It was opposed by State Assemblyman Mark Leno (D-San Francisco) who was concerned that the 2,000-foot "no-live" zone proposed to be established around schools and parks would be unenforceable or push sex offenders from urban to rural areas. Don Perata (D-Oakland), the state senate president pro tempore, stated that the proposition was "thrown together without sufficient care". Another criticism was that the restrictions would cause problems with securing employment and finding a place of residence for ex-convicts. California Attorneys for Criminal Justice (a criminal defense attorneys association) opposed Proposition 83 and wrote the opposing argument for the ballot and voter pamphlet.
Result of voteEdit
- ↑ http://forensicpsychologist.blogspot.com/2007/11/california-new-ruling-upholds.html
- ↑ Prop. 83 buffer zone for sex criminals blocked November 9, 2006
- ↑ Maura Dolan (February 1, 2010). "'Jessica's Law' can be applied retroactively, state Supreme Court decides". Los Angeles Times. http://latimesblogs.latimes.com/lanow/2010/02/jessicas-law-can-be-applied-retroactively-state-supreme-court-decides.html.
- ↑ 4.0 4.1 "Sex Offender Information". California Department of Corrections and Rehabilitation. http://www.cdcr.ca.gov/Parole/Sex_offender_facts/index.html.
- ↑ GPS monitoring of sex offenders is useful, but limited, experts say
- ↑ Arguments supporting and opposing Proposition 83