The state Supreme Court issued a three-week reprieve Wednesday to four recently released sex offenders who are illegally living too close to schools and parks.
The reprieve however doesn’t affect the nearly 1,800 others who have been warned to move or risk being sent back to prison. The state said it would go ahead with its plan to immediately revoke their paroles.
In a one-paragraph order, the court said it will consider whether Jessica’s Law violates the parolees’ constitutional rights. The law approved by voters last November prohibits offenders from living within 2,000 feet of a school or park where children gather.
The four parolees’ attorneys said the temporary injunction should apply to all the recently released sex offenders who had received notice from the California Department of Corrections and Rehabilitation.
Don Specter, director of the nonprofit Prison Law Office, said he would seek new injunctions for each of the 1,800 parolees if necessary.
The state, however, plans to immediately start revoking parole for violators unless it is blocked by another court order, said Bill Maile, a spokesman for the department and Gov. Arnold Schwarzenegger.
“We intend to move forward on implementation with all other offenders subject to the law,” Maile said.
Attorneys for the four parolees argue that the law punishes sex offenders after they have already paid for their crime by serving prison time. They allege the law is unconstitutionally vague and imposes unreasonable conditions on parole.
It also could force offenders underground because they can’t find housing that fits the strict rules under the law, Specter said.
The state had said it notified more than 2,700 parolees that they were in violation of the law, but it lowered that figure by a third after it discovered record-keeping errors.
The Supreme Court ordered the state to file its objections by Oct. 24, and gave the parolees’ attorneys until Oct. 31 to respond. The justices could then issue a ruling on whether Jessica’s Law is constitutional.
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