Associated Press
Thursday, November 9, 2006; A11
SAN FRANCISCO, Nov. 8 -- A federal judge on Wednesday blocked enforcement of key provisions of a ballot measure designed to crack down on sex offenders, ruling the law was unconstitutional just a day after voters overwhelmingly approved it.
Jessica's Law, as it is known, prohibits registered sex offenders from living within 2,000 feet of a school or park, effectively banning parolees from many California communities. It also requires lifetime satellite tracking for some paroled sex criminals upon their release from prison.
More than 70 percent of voters approved the initiative Tuesday. Hours later, an unidentified sex offender filed the lawsuit, arguing that the measure should apply only to offenders who register after the law was approved.
U.S. District Judge Susan Illston ruled that the measure "is punitive by design and effect" and probably unconstitutional. She issued a temporary restraining order against the law's residency requirements, saying the plaintiff was likely to prevail. The judge also ordered a Nov. 27 hearing.
Supporters and critics of the measure had expected the residency rules to be challenged in court.
State law already limits where sex offenders can live, but the new rules would make it even harder to find homes for offenders released from prison. Most parolees currently are prohibited from living within a quarter-mile of a school, with a half-mile restriction imposed on high-risk sex offenders.
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