SB 54, as amended, Runner. Sex offenders: residency restriction: petition for relief.
Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, prohibits any person who is required to register pursuant to the Sex Offender Registration Act from residing within 2,000 feet of any public or private school, or park where children regularly gather.
This bill would require that the 2,000-foot residency restriction be measured by the shortest practical pedestrian or vehicle path. The bill would limit the residency restriction to persons convicted of specified offenses. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is
filed. The bill would require the petitioner to establish bybegin delete clear and convincingend deletebegin insert a preponderance of theend insert evidence that there is a pervasive lack of compliant housing in the county and that a majority of sex offenders are unable to comply despite good faith efforts. The bill would require, if relief is granted, that the relief be narrowly crafted in order to substantially comply with the intent of the people in approving the residency restriction. The bill would prohibit a subsequent petition from being heard if relief is granted or denied, unless the petitioner establishes in the petition, to the satisfaction of the court, that circumstances regarding compliant housing have changed, as provided.
Proposition 83 permits the Legislature, by a vote of 2⁄3 of the membership of each house and in accordance with specified procedures, to amend the provisions of the act.
By amending Proposition 83, this bill would require a 2⁄3 vote.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3003.5 of the Penal Code is amended to
2read:
(a) Notwithstanding any other law, when a person is
4released on parole after having served a term of imprisonment in
5state prison for any offense for which registration is required
6pursuant to Section 290, that person may not, during the period of
7parole, reside in any single-family dwelling with any other person
8also required to register pursuant to Section 290, unless those
9persons are legally related by blood, marriage, or adoption. For
10purposes of this section, “single-family dwelling” shall not include
11a residential facility that serves six or fewer persons.
12(b) (1) Notwithstanding any
other law, it is unlawful for any
13person convicted of any of the offenses enumerated in Section
14667.61 and for whom registration is required pursuant to Section
15290 to reside within 2,000 feet of any public or private school, or
16park where children regularly gather. The 2,000-foot residency
17restriction shall be measured by the shortest practical pedestrian
18or vehicle path.
19(2) Any person subject to the residency restriction imposed
20pursuant to paragraph (1) may, if compliance is not reasonably
21possible within his or her county, seek relief pursuant to Section
223003.51.
P3 1(c) Nothing in this section shall prohibit municipal jurisdictions
2from enacting local ordinances that further restrict the residency
3of any person for whom registration is required pursuant to Section
4290.
Section 3003.51 is added to the Penal Code, to read:
(a) Any person prohibited pursuant to Section 3003.5
7from living within 2,000 feet of any public or private school, or
8park where children regularly gather, may seek relief from those
9restrictions if he or she cannot comply with the restriction because
10of the unavailability of compliant housing within his or her county
11of domicile.
12(b) Any person seeking relief under this section may file a
13petition with the superior court of the county in which he or she
14resides. Notice of the petition shall be timely served on the state
15parole authority or other entity enforcing the subject sex offender
16residency restrictions.
17(c) Notwithstanding any other law, original jurisdiction for any
18petition filed pursuant to this section shall lie with the appellate
19division of the superior court in which the petition is filed.begin insert The
20court may consolidate all pending petitions.end insert
21(d) The appellate division of the superior court in which the
22petition is filed pursuant to this section may grant the petition if
23the petitioner establishes bybegin delete clear and convincingend deletebegin insert a preponderance
24of theend insert evidence, and the court finds, both of the following:
25(1) There is a pervasive lack of compliant housing within the
26petitioner’s county of domicile.
27(2) As a result of the pervasive lack of compliant housing, a
28majority of sex offenders subject to the 2,000-foot residency
29restriction have, despite good faith efforts, been unable to find
30compliant housing within the county.
31(e) Relief granted pursuant to this section shall apply uniformly
32to all sex offenders convicted of any of the offenses enumerated
33in Section 667.61 and for whom registration is required pursuant
34to Section 290 in all communities within the county that are subject
35to the 2,000-foot residency restriction and shall, therefore, be
36narrowly crafted in order to substantially comply with the intent
37of
the people in approving the residency requirements of Section
383003.5.
39(f) If relief is granted or denied pursuant to this section, no
40subsequent petition shall be heard, unless the petitioner or
P4 1petitioners establish in the petition, to the satisfaction of the court,
2both of the following:
3(1) There has been a change of circumstances based upon a
4substantial decline in the availability of compliant housing.
5(2) There has been a corresponding increase in the percentage
6of sex offenders who are unable to comply with the residency
7restriction due to the change of circumstances described in
8paragraph (1) since the court ruling on the prior petition.
This act is an urgency statute necessary for the
10immediate preservation of the public peace, health, or safety within
11the meaning of Article IV of the Constitution and shall go into
12immediate effect. The facts constituting the necessity are:
13In order to protect the public at the earliest possible time, it is
14necessary that this act take effect immediately.
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