CA Supreme Court to Hear Residency Restrictions Case

The California Supreme Court will hear oral arguments on December 2 in Los Angeles on a case in which the constitutionality of residency restrictions have been challenged. Following oral argument, the Court has up to 90 days to render its decision.

“Current residency restrictions violate both the state and federal constitutions,” stated CA RSOL President Janice Bellucci. “As applied, they constitute banishment which has been outlawed in our country for more than 100 years.”

The case to be argued is In re Taylor, S206143, in which the California Court of Appeal determined on September 12, 2012, that the California Department of Corrections and Rehabilitation cannot apply a blanket restriction prohibiting all sex offender parolees from living within 2,000 feet of a school or a park.

“After the Taylor case was decided, some counties and cities have enforced residency restrictions while others have not. The result has been chaos, that is, registered citizens did not know where they could or could not lawfully reside,” stated Bellucci. “We look forward to a wise decision soon from the California Supreme Court that will end this chaos.”

In a similar case, CA Attorney General Kamala Harris argued that residency restrictions are constitutional, but should only be applied to sex offenders while on parole.

Related posts

Subscribe
Notify of
We welcome a lively discussion with all view points - keeping in mind...  
  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t
  4. Please stay on topic - both in terms of the organization in general and this post in particular.
  5. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  6. Please take personal conversations off this forum.
  7. We will not publish any comments advocating for violent or any illegal action.
  8. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  9. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  10. Please do not post in all Caps.
  11. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  12. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  13. We will not publish any posts containing any names not mentioned in the original article.
  14. Please choose a short user name that does not contain links to other web sites or identify real people
  15. Please do not solicit funds
  16. If you use any abbreviation such as Failure To Register (FTR), or any others, the first time you use it please expand it for new people to better understand.
  17. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  18. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

22 Comments
Inline Feedbacks
View all comments

Janice, can you let me know how this ruling one way or the other will affect us getting rid of this tormenting registry for so many people? Oh now that we are all fenced in the USA never able to leave again!!!thank you for all your efforts

I never really thought the , out of ballance , unjust , additudes , and laws would ever change .

I doubt if it would have with out Janice .
Thank you again !
Doug

Finally, this is what we waiting for in a long long time!!

Kamala Harris is an elected official and up for re election.

I hope Janice or someone equally as qualified and competent is arguing this case on our behalf.

Thank you Janice and CA RSOL!

You need to keep in mind that stupidity is very hard to reason with, the AG doesn’t seem to understand that the laws on the books at state level are for people still on probation or parole, at least that is what I understand but then when these laws were enacted it came from stupidity, hard to fight. Really do not know who to vote for on Nov 4, I am a Democrat and through my own stupidity I voted for Democrats currently in office, what a mistake, however if I voted Republican I would still be in the realm of stupidity, excepting those regardless of political color whom have stood on top of that heap of stupidity speaking out reason. Well either side I will still vote for one person running for the Simi Valley city council who dissented for me and all a few years ago. I will try faith although I have a very difficult time feeling faith. What is faith? Faith unfortunately is a gamble.

The squeaky wheel gets the grease!

Or….it takes 25 lawsuits all over the state to get their attention…

I hope this case is a winner…too often it seems like “Boogeyman vs. State”. We need Sextet or Romeo vs. State so these precedents stop getting upheld across the board! It’s discouraging to see the strategy be trying to hit home runs with a 2,000 foot outfield. We need to get some victories in court and it won’t happen until we start taking winning cases. I hope this is one of them! Good luck!

From where many of us are … I’m guessing the next four months are going to be torture, pure hell. The not knowing if the house needs to go up for sale … After living here for 25 years! Wait for December 2 …. Then wait another 90 days … I have a feeling I’m nor going to be sleeping well.

We can thank the people like the “Runners” and company who authored Prop. 83
They lied to the people and quoted statistics, a DOJ report, that did not exist!
They lied, and they should have to pay for those lies. Every single person who endorsed Jessica’s Law should be liable.
I’ve read the transcripts on the docket for this case and the evidence seems overwhelming in our favor. If these judges are that cold hearted, then the state and our country are lost and our constitution means nothing.

I think a couple of things need to be considered here. First, one of the Associate Justices that is hearing this case, Marvin Baxter, is retiring. If elected, Mariano Cuellar will be replacing him. Baxter has routinely been on the side that is aimed at violating civil liberties of sex offenders. All of his legal opinions confirm this. So, will Baxter be part of rendering the decision or will Mariano be coming in? It could affect the outcome.
Second, if the Taylor and Mosley cases are unfavorable, what does that mean for the thousands of registered sex offenders on probation and parole? will it mean a mass migration to homelessness?
This Supreme Court is quite conservative. I would not expect the attorneys hearing this case to comment in this matter on a public forum, however, it would be useful to hear other informed opinion on this matter.
Thanks

I will be praying that this is granted for those that will be affected. I am a mother and my son will be affected if this is not granted. He recently got his Stay granted but it is for a Temporary one till the Taylor case is heard. I have great concern. He has a great family support. I believe everyone needs a second chance in life. I am learning more and more how harsh this whole system is against sex offenders and I find it unfair and very harsh. Putting people out in the street how is that right? How does this help with rehabilitation?

I want to speak out! I want to help if I can. There needs to be a better solution to all of this. These laws that were made make it hard for anyone to live. You paid your debt to society and lets make it better not worse.

I pray for all people involved that are working hard to make this better. Thank God they are making positive efforts.

We must stay positive and pray for great outcome in this issues and many more.

Sincerely,
Praying Mother!

1/31/2015 You may already know this—but I have just today discovered it. If you are now or will in the future be subject to a residence restriction: it is good to know you can go on Google Maps and measure how many feet you are away from some school, or park, or whatever. Obviously this can help you screen either your current residence or some future residence in order to comply with laws. I hope this will not be needed, but if it is, you can do it right on the computer.