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Parolee Limited by GPS and Residency Can Sue California

California must face claims that it violated the civil rights of a convicted sex offender by conditioning parole on a residency restriction and GPS monitoring, the 9th Circuit ruled.

____ ____ faced these parole restrictions even though his convictions in California were not sex-related. ____ was convicted of California in 2006 for buying or receiving stolen property, and later for robbery. Both times the Golden State imposed residency and GPS monitoring restrictions as conditions of ____ ‘s parole release from prison because of ____ ‘s 1987 guilty plea in Tennessee to sexual battery. Full Article and Decision

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Looks like this court has a potential equal protection problem on its hands.

My life was a living hell because of GPS and residency restrictions. 5 years of that is finally over.

You deserve a medal. Really.

Well i don’t deserve a medal, but i do deserve some sort of compensation. I lost the love of my life because she couldn’t wait any longer. She was with me through thick and thin, but when 2 more years was added to my parole with no legal justification, we’d already had many years into this mess together. I have also lost a two homes, all my belongings and many of my friends. I also lost several high paying jobs. During this time, a cop destroyed what rights i did have.. but who now is a convicted felon himself. Since… Read more »

Are you like most of us who endured parole as a registrant…told by parole you will have to be homeless?

Immediately after moving back to an approved location (a home i was buying before going to prison), i was given orders to move within 2 weeks. On my last day, a great couple let me rent one of their properies 20 miles away, was approved by parole and everything was okay, or so it seemed. A bad cop moved in next door days after i moved in, and quickly went to work point out how horrible of a person i am. He went on to lie to my parole agent saying i had children coming into my home unsupervised fairly… Read more »

That’s quite a sad tale and I’m sorry you have it to tell.
If only you could see some redemption from your unnecessary treatment from these horrid oppressors it might make a good movie.
Just wondering who could play your role?

Interesting. Also would seem this decision would have to turn on this being punishment. I don’t want to go read the unbelievably voluminous statutes of 290, but if the previous sexual battery conviction would come under the Calif. residency restrictions, I believe he would be subject to residency restrictions whether they were stated as parole conditions or not. If his sexual battery conviction would not get him that restriction, then I don’t see how the state could even consider adding it as a parole condition. But regardless, this decision could very possibly have to address the punishment aspect of residency… Read more »

In 2012, a California appeals court prohibited “blanket enforcement” of the residency restriction, but it found that the state’s Department of Corrections and Rehabilitation could impose the condition on a parolee after considering his individual circumstance
I often misinterpret things. Am I understanding correctly? This seems to say that parole can choose to impose living restrictions on a case by case basis. Does this mean parole can choose not to impose living restrictions and an offender can live where he pleases?

Well, I can say that if it is not imposed as a condition of parole, that does nothing to change any requirements imposed by laws. That is, even if it is not imposed as a condition of parole, if there is a law that says someone in his circumstance must do something, then he must do it anyway,regardless of parole conditions. The court argument here appears to contend that they cannon impose parole conditions that are not related to the offense for which you are being paroled. He is being paroled for buying stolen property and robbery, not for a… Read more »

Thanks for clearing that up (:

@ Anonymous You said that you were on Parole originally for 3 years, then 2 years were added to your term. Did your agent give you a valid reason why? When did they tell you that you were required to do 2 more? You said you had “no legal justification”. THAT IS INAPPROPRIATE AND UNFAIR! When I was released from women’s prison, my paperwork said and STILL says 3 years. I’m terrified that they will add 2 years to an already grueling 3 years. Does anyone know or have a similar situation? I’ve been sober for almost 20 months, I… Read more »

Congratulations on your sobriety! Once I realized that I can only control what I think or do and that everything else is out of my control, my life started to move in a positive direction. That’s not to say that times haven’t been difficult, there have been quite a few challenges for me in the past 5 years, but every time I focus on myself and my own recovery things get better. 12 step was vital to me in the early months and years. Staying close to the ones I love, striving to be honest with myself and, most importantly,… Read more »

@ JB

Thank you for all the kind words and your own personal inspiration. It’s because of tools like the website and people like you, that make me feel not alone in the lifetime problem. It is hard, but you are SO right. If I focus on the solution and less on the problem, I see how life is so much easier.

I actually like and LOVE myself too! I am very grateful to you. Thank you!

I agree 1,000,000.00% with both of you. I would type in my stories of the last 6 months that I have been wearing this crap, but its pretty much the same. Can either of you help me with legal help or a lawyer with monthly pay. I have court issues, (again) I was detained at the slurpee machine at 7/11. (still do not know why) Anyway my gps friend on my ankle gave permission to LAPD to search my house that is 4 blocks away. Well in a roomates bedroom LAPD found a meth pipe. So I got arrested and… Read more »

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