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Q. My brother is going to get out of jail soon, and we were planning on him moving in with me, but his parole officer told him he couldn’t because he has to register as a sex offender and I live too close to an elementary school, which is against “Megan’s Law” or “Jessica’s Law” or something like that. Isn’t there anything we can do? I’m afraid if he doesn’t live with me he will be homeless.
Jerri
A. California’s Megan’s Law requires anyone convicted of a wide range of crimes, including forcible sex crimes involving non-consenting adults and most sex crimes involving children, prostitution, and child pornography, to register as a sex offender upon release on parole or probation or discharge from custody. California Penal Code § 290. Proposition 83, the Sexual Predator Punishment and Control Act, or “Jessica’s Law,” which amended Megan’s Law on November 8, 2006, forbids any registered sex offender from living within 2,000 feet of a school or park where children regularly gather. California Penal Code § 3003.5(b).
Your brother is not alone in facing a very bleak prospect. According to the Prison Law Office, a nonprofit public interest law firm which engages in class action and other impact litigation on behalf of prisoners, these residency restrictions have forced many parolees to become homeless because they are unable to find affordable, compliant housing.
Jessica's law has been challenged in courts as being too restrictive. Your brother may wish to ask a court to review his case. The Prison Law Office, which has been involved in many of these challenges, has produced a packet of forms and instructions that parolees can use to ask for an immediate stay of the restrictions while their individual cases are being heard by the courts. The packet is available for free on the web at http://www.prisonlaw.com/pdfs/ModelHabeasFull,Dec10.pdf. An additional fill-in-the-blank form, required by all California state courts in this type of case, can be downloaded from the California Courts’ website at http://www.courts.ca.gov/documents/mc275.pdf.
You should be aware that local cities, towns and counties are permitted to adopt ordinances which impose further restrictions on where you can live. If you are not in Sacramento and are unsure whether your residence is in compliance with local law, check with someone who is familiar with your community’s laws.
Good luck!
Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.
Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org
However, since you mentioned the hotel being in another state, note that when you visit another state, your requirement to register there has nothing to do with California law. You need to check the state and local laws of everywhere you go! Different states have different requirements for how long you can be there before you must register. I've never heard of a state that requires registration for a one-night stay, but it's possible, and it could also be required by local laws.
Please note that nothing I've said here can be taken as legal advice.
Marshall Burns
www.SOLresearch.org
* You can read PC section 290(b) at www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=290-294
Gee, maybe they should have thought of that before choosing to commit the crime or crimes that would cause them to become a registered sex offender. While I can understand being upset if a family member was in that situation, for most of us, protecting our children is a much bigger concern. Especially since the evidence shows that the majority of sex offenders will be repeat offenders.
I'm not sure that's a fair thing to say without further information. Remember, an eighteen year old who (foolishly) engages in sexting with an sixteen year old can be sent to jail and must register as a sex offender. I've heard of young adults doing stupid things to get them stuck with this label just as much as I've heard of child molesters roaming about. It's not fair to judge the situation based on the label "sex offender" when you don't know the entire story, because it can be anything within such a wide range.
I'm not saying you're wrong; sex crimes shouldn't be committed, and it IS far more important to protect kids. Just keep in mind that "sex offender" doesn't equal "child molester."
' As they should. They are commiting a crime. The difference between a 16 and an 18 year old is huge. If an 18 year old man has sex with a 16 year old girl, that is child molestation.
It is true that the on going consequences more than disrupt my life. And I think some are overkill and not reasonable. But they are what they are and somehow my wife and family will move forward. My hope and prayer is that the child ( now adult) and family have been able and will continue to be able to move beyond the consequences of my terrible wrong choice.
I am sorry to all of you who have suffered at the hand of a child molester like myself. I am thankful I was caught and that through the process of the justice system, professional counseling and on-going appropriate boundaries and healthy relationships with others (and my awesome wife and family that have extended support and grace throughout the past 25 plus years) I have nor reoffended, nor taken the “easy” way out (suicide). As “bad” a things continue to be … nothing compares to the wound I inflicted on that child. Peace to the child and family. Sorry