SB 1021, as introduced, Runner. Sex offenders: residency restriction: petition for relief.
Existing law, as amended by Proposition 83 at 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 clarify that the state parole authority shall enforce the residency restriction except under specified conditions. 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 by a preponderance of the evidence that there is a pervasive lack of compliant housing in the county, that the petitioner is among a substantial proportion of sex offenders subject to the residency restriction who are unable to find compliant housing, and that the housing restriction is the principal reason that those without a residence have been unable to find housing. The bill would allow relief to modify the residential distance restrictions if that relief is narrowly crafted, and would allow the court to bifurcate the application of residency restrictions so as to apply discrete restrictions to those who have been convicted of child molestation or other felony sex offenses involving victims under 18 years of age. 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
(a) Notwithstanding any other
begin delete provision ofend delete law, when
4a person is released on parole after having served a term of
5imprisonment in state prison for any offense for which registration
6is required pursuant to Section 290, that person may not, during
7the period of parole, reside in any
begin delete single familyend delete
8 dwelling with any other person also required to register pursuant
9to Section 290, unless those persons are legally related by blood,
10marriage, or adoption. For purposes of this section,
begin delete “single familyend delete
11 dwelling” shall not include a residential facility
begin delete whichend delete serves six or fewer persons.
13(b) Notwithstanding any other
begin delete provision ofend delete law, it is
14unlawful for any person for whom registration is required
16pursuant to Section 290 to reside within
begin delete 2000end delete feet of any
17public or private school, or park where children regularly gather.
15(c) Nothing in this
section shall prohibit municipal jurisdictions
16from enacting local ordinances that further restrict the residency
17of any person for whom registration is required pursuant to Section
Section 3003.51 is added to the Penal Code, to read:
(a) Any person prohibited pursuant to Section 3003.5
21from living within 2,000 feet of any public or private school, or
22park where children regularly gather, may seek relief from those
23restrictions if he or she cannot comply with the restriction because
24of the unavailability of compliant housing within his or her county
26(b) Any person seeking relief under this section may file a
27petition with the superior court of the county in which he or she
28resides. Notice of the petition shall be timely served on the state
29parole authority or other entity enforcing the subject sex offender
31(c) Notwithstanding any
other law, original jurisdiction for any
32petition filed pursuant to this section shall lie with the appellate
33division of the superior court in which the petition is filed. The
34court may consolidate all pending petitions.
35(d) The appellate division of the superior court in which the
36petition is filed pursuant to this section may grant the petition in
37whole or in part if the petitioner establishes by a preponderance
38of the evidence, and the court finds, each of the following:
39(1) There is a pervasive lack of compliant housing within the
40petitioner’s county of domicile.
P4 1(2) The petitioner is among a substantial proportion of sex
2offenders subject to the 2,000 foot residency restriction who have,
3despite good faith efforts, been unable to find compliant housing
4within the county.
5(3) The 2,000 foot restriction is the principal reason that those
6without a residence have been unable to find compliant housing.
7(e) (1) Relief granted pursuant to this section may modify
8residential distance restrictions to comport with the geographic
9constraints within the subject county but modifications shall be
10narrowly crafted in order to substantially comply with the intent
11of the people in approving Section 3003.5.
12(2) The court may, if necessary, bifurcate the application of
13residency restrictions so as to apply discrete restrictions to those
14who have been convicted of child molestation or other felony sex
15offenses involving victims under 18 years of age.
16(f) If relief is granted or denied pursuant to this section, no
17 subsequent petition shall be heard, unless the petitioner or
18petitioners establish in the petition, to the satisfaction of the court,
19both of the following:
20(1) There has been a change of circumstances based upon a
21substantial decline in the availability of compliant housing.
22(2) There has been a corresponding increase in the percentage
23of sex offenders who are unable to comply with the residency
24restriction due to the change of circumstances described in
25paragraph (1) since the court ruling on the prior petition.
This act is an urgency statute necessary for the
27immediate preservation of the public peace, health, or safety within
28the meaning of Article IV of the Constitution and shall go into
29immediate effect. The facts constituting the necessity are:
30In order to protect the public at the earliest possible time, it is
31necessary that this act take effect immediately.