9th Circuit Invalidates Employment Parole Condition
The 9th Circuit Court of Appeals recently invalidated a condition of parole which restricted a registrant from “engaging in any occupation, business, volunteer activity or profession” that had “the potential to be alone with children.” In its ruling, the Court agreed with the registrant that the parole condition at issue was overbroad.
The Court noted in its decision that the condition “would leave only professions in industries that rigidly prohibit the presence of minors, such as a bar, casino, or adult-entertainment venue. The Court also noted that there was nothing in the record to suggest that the registrant “had an ongoing propensity to harm children, particularly random children he might ‘potentially’ encounter on the job.” The registrant in this case was convicted in Arizona of assaulting a child under the age of 16.
This decision, issued on June 8, has been designated as “not appropriate for publication.” The decision was issued without oral argument due to a unanimous decision by the panel of judges involved in the case.
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