Laws Related to Sex Offender Parolees
Jessica’s Law deals with proximity and tracking. Jessica’s Law was passed by California voters on Nov. 7, 2006 and increased the penalties for sex offenders, broadened the definition of certain sexual offenses, eliminated good time credits for early release of certain offenders, prohibited probation for certain crimes, extended parole for some offenses, increased court-imposed fees on sex offenders and provided for lifelong GPS monitoring of high risk sex offenders. The law also prohibited sex offender parolees released from prison on or after Nov. 8, 2006 from residing within 2,000 feet of any school and park where children congregate.
As a result of a 2015 California Supreme Court decision, residency restrictions for PC 3003.5(b) will not be enforced as a blanket restriction. All residency restrictions that do not apply to PC 3003(g) will be placed on a case by-case basis as determined by a nexus (e.g., supported by circumstances found in the parolee’s criminal history and include clearly articulated justification for the restriction) and meeting the requirements of People v. Lent.
Megan’s Law addresses registration requirements. This law, signed by Governor Schwarzenegger on September 24, 2004, allowed the public to see information about sex offenders required to register with local law enforcement.
On September 9, 2010, Governor Arnold Schwarzenegger signed Assembly Bill 1844, also known as the Chelsea King Child Predator Prevention Act of 2010, or Chelsea’s Law. The legislation was introduced by Assembly Member Nathan Fletcher, in collaboration with the King family, in response to the murder of their 17-year-old daughter Chelsea, by registered sex offender John Albert Gardner.
Multiple Penal Code sections were affected by Assembly Bill 1844 including increased penalties for sex offender parolees, closer oversight of sex offenders, mandatory sex offender treatment and longer parole periods for felony sex crimes involving physical contact with children. Chelsea’s Law also mandated the implementation of a “Containment Model” used to manage sex offenders under supervision.