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California

CA: Sex offenders can’t live near Fresno schools. This lawsuit says that’s unconstitutional UPDATED

UPDATE:Janice Bellucci was asked this morning to participate today (Wednesday, 1/22) in a live radio interview on a radio station in Fresno, the Broeske & Musson Show, on KMJ. which can be found online or at 580 AM. The show will begin right after the 10 a.m. news and could continue until 11 a.m. Please call in if you can. (See comment below)

Fresno County’s policy that keeps sex offenders from living within 3,000 feet of places like parks and schools is unconstitutional, according to an attorney suing the county who has been successful at getting repeals in dozens of similar cases.

Fresno County joins 40 cities and localities that have faced litigation, many of which have repealed their restrictions on housing for offenders, according to attorney Janice Bellucci. Full Article

Join the discussion

  1. G4Change

    3,000 feet!!! That’s insane!
    Hey, why not “101st kilometre”, Fresno County??? Let your true commie red colors show!

    Go get ’em, Janice! God speed!!!

  2. Janice Bellucci

    I was asked this morning to participate in a live radio interview this morning on a radio station in Fresno, the Broeske & Musson Show, on KMJ. which can be found online or on the radio at 580 AM. The show will begin right after the 10 a.m. news and could continue until 11 a.m. Please call in if you can. The subject of the interview is our pending lawsuit challenging residency restrictions in Fresno County which prohibit all registrants from living within 3,000 feet of schools and parks. This includes even temporary stays at local hotels and motels. The county residency restrictions are 50 worse than Jessica’s Law which “only” restricted registrants from living within 2,000 feet of schools and parks. And the CA Supreme Court declared in March 2015 that CDCR could not use a “blanket restriction” against all registrants but instead had to make a case-by-case determination based upon each individual registrant.

    • G4Change

      I wasn’t able to listen live. I looked all over their website for audio archives, but I couldn’t find them. Please let us know if there is a place we can find this recording. I hope the interview went well and that these talk show hosts were decent.

  3. Matthew

    Wish there was more focus on re-offense rate, how charges weren’t against children, length of time no one reoffender, talk about other crimes and how someone could live next to a murderer, gang members etc on their side
    Great job Janice!

  4. Judy

    Way to go Janice!
    Listened to your KMJ interview this morning. It sounded like Broeske and Musson absorbed some new information which may cause them to ponder … their listeners too! I hope! So glad you took the opportunity to present that amazing recidivism statistic. I’m betting that very few of the listening audience (except those of us who know a 290) have ever heard this statistic. Thank you.!!
    Choose joy!
    j

  5. JamesA

    I listened to the show and tried – unsuccessfully – to call in. Great show. The hosts did a good job of being balanced. There are so many facets to this issue – more than can be discussed in such a short show. One point that I argue (that plays well in rural counties) is that it forces registrants to move to rural areas.

    • Lynn Smith

      James A,
      I live in Missouri and even moving to a rural area is difficult in some parts because we have state parks and churches with daycares in those areas. Our restriction is 1,000 ft.; I simply can’t imagine 3,000 ft.
      This is strikes a personal note with me. The day after my spouse registered a sheriff showed up with an order stating that he had 10 days to get out. We had no place he could go. We ended up buying a small house in another town for him to live in and we lived apart for two years waiting for our youngest to graduate. Once that happened we had to sell the home we built ourselves and had lived in for 20 years. All this because of a noncontact nonviolent offense. Listening to others’ stories, I know we had opportunities that they didn’t have (yet I still cry over giving up my dream home).
      California is so blessed to have Janice. I am sorry I didn’t get to hear the segment.

  6. TP

    Good article too. Wish there was a recording of the interview to listen too….

    I also love the question posed at the top of the article in reference to different cases … “Deandre JeanPierre, a former TimeOut mascot at Fresno State, will have to register as a sex offender for life after being convicted of groping. However, two teachers who had unlawful sex with a student will not have to register for life. BY MCCLATCHY” then the video still says “California sex offender registry: is there an unfair standard?”

    YES!!!!! The whole registry is unfair and should be done away with based on that presentation alone!

    • JAB

      @TP,
      I am not sure how their sex with a minor convictions allowed these teachers to avoid registering. My guess, is maybe they were 17? The show was excellent! Janice speaks so eloquently and with such conviction! I think the crew really saw the other side to this crazy registration process. I wish it would have lasted longer. This was just a fraction of the lies and chaos presented to the crew. Can you imagine if they heard all the craziness and how LE benefits huge amounts of money for having registrants over bloating the registry! The call in’s were great. You heard true stories about real people, whom have been crime free for decades! And the last caller was right on target. How man offenders on the list actually molest the next door neighbor! A true offender can go where ever he/she chooses. This list won’t protect them. The list is there for two reasons and reasons only! PUNISHMENT and MONEY FOR LAW ENFORCEMENT! No one will ever convince me differently.

      • TP

        By the sounds of it, was a good show. Wish I could have listened in.

        In regards to my observation regarding the other crimes “listed” on the site, it shouldn’t matter if they were 17 or not. That is under the age of consent in CA. And if they didnt appropriately apply the law in those cases, it would throw all of our cases in terms of RSO out showing an unfairly applied law. Much like San Diego Deputy Richard Fisher not having to register after having 16 victims he groped and forced into sex acts with.

  7. Fresno guy

    I am in Fresno and I would like to be part of this lawsuit
    Have someone contact me
    Thanks

  8. wonderin

    When did this 3000 ft rule take affect?

    • wonderin

      OK I found the answer to my question, it was during Ashley Swearengins’ beginning reign as Mayor of Fresno. She campaigned on getting tough on Sex Offenders. I mostly remember her promising to put all offenders on ankle bracelets. Typical politician..ugg!
      I never heard about this code or any enforcement of it, however?
      Incidentally, I’ve rented hotels in Fresno several times since 2008 which I’m sure are close enough to be in the restriction zone.
      BTW, Fresno is always getting sued for human rights violations and costing the tax payers their hard earned money. Will they ever learn? I doubt that fact ever came up during the radio session.

  9. E

    Great interview, Janice. Thank you for standing up and speaking up!!

    I would like to comment that I believe a fundamental part of all our public comments and argumentation is to make clear that the registry is primarily populated by people NO LONGER UNDER COURT SUPERVISION. Most people believe registration equals supervision. When they hear that people (even if they offended against a minor) have, for example, been off court supervision and paid their debt required by a court of law, the registry STILL continues for life… because the USSC ruled it wasn’t punishment, a clear miscarriage of justice based upon the MYTH of high reoffense rates.

    And the MYTH of high reoffense rates is only a myth when believed unwittingly. Once you know that reoffense rates are very low but you continue to decry the great danger of former offenders, the MYTH BECOMES A LIE. Knowingly repeating a myth is a lie, and we need to confront those who continue to scare people with lies about high recidivism. Thank you for doing that for all of us today.

  10. Archie

    Who wants to live in the armpit of California anyways

  11. wonderin

    I had to go back and listen to this a few times to make sure I was hearing these fools correctly, and i was.
    Unbelievable, and one’s an attorney? At least the Democrat talked some sense.

    “A Sacramento attorney is suing Fresno County over a law upheld by the state supreme court that regulates where registered sex offenders can live. The attorney claims the law is unconstitutional. The Sunday Morning Matters panel with KSEE24 political analyst Jim Verros, The president of the Fresno city and county republican women federated Diane Pearce and prominent California attorney David Rowell weigh in.”

    https://www.yourcentralvalley.com/news/top-stories/panel-should-registered-sex-offenders-be-allowed-to-live-near-parks-and-schools-sacramento-lawyer-is-suing-fresno-county-over-the-law/

  12. Fresno here

    I’ve live in Fresno and I actually live and work right next to school for about 5 years but never asked to leave… umm but cool.

    • SR

      Did you live there while your were still on supervision? One huge thing that I noticed that seems to be consistent when reading news articles about us not being able to live within X of Y, is that they omit 99% the fact that it’s applied to those still on supervision, or even just parole. As a result, just about everyone then thinks is a blanket ban.

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