SACRAMENTO — A federal judge Friday ruled that a voter-approved crackdown on sex offenders may not be applied retroactively, meaning thousands of offenders who have done their prison time probably will not be barred from living near California schools and parks.
U.S. District Judge Lawrence K. Karlton said there was no clear evidence that Proposition 83, dubbed Jessica's Law by promoters, was intended to govern those whose crimes occurred in the past.
"The court finds that the law does not apply to individuals who were convicted and who were paroled, given probation or released from incarceration prior to its effective date," Karlton wrote in his 11-page order.
Passed by 70% of voters, Proposition 83 gave California what experts called the toughest sex offender law in the nation. As well as lengthening prison and parole terms for repeat and violent offenders, the measure requires registered sex offenders to wear an electronic tracking device for life.
The most controversial provision bans offenders from living within 2,000 feet of a school or park. Proponents said children should not have to pass an offender's house while walking to school, while foes said the ban would not enhance safety because most sex crimes are committed against victims the perpetrator knows.
Shortly after the initiative passed, the residency rule sparked a handful of lawsuits from ex-offenders. Among other things, they argued that the restriction was unconstitutional because it slapped a new penalty on ex-convicts long after they had been punished.
Karlton's ruling is the first judicial interpretation of the measure. It brought relief to some of the 80,000 registered sex offenders living in California communities, including former child molester Jake Goldenflame.
Goldenflame lives in San Francisco, which has such high density that maps drawn by the Legislature show that Proposition 83's buffer zones around parks and schools would make the city virtually off limits.
"We have already paid the price for our crimes, and this gives us the freedom to go on with our lives without having to pay for it again," said Goldenflame, an author who also runs a website to help former sex offenders. "I am certainly buoyed by this ruling and hope other judges follow suit."
The Karlton decision comes in a lawsuit filed by three unidentified sex offenders, including one on parole and one on probation, who said they lived within 2,000 feet of schools or parks. Their crimes occurred more than 15 years ago.
