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CA SB1021
Bill
AI Summary
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Requires the 2,000-foot residency restriction for registered sex offenders to be measured by the shortest practical pedestrian or vehicle path, and limits the restriction to persons convicted of offenses enumerated in Section 667.61.
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Establishes that the state parole authority shall enforce the residency restriction until discharge from parole, except when an offender is subject to a greater existing restriction, the restriction is modified by court order, or the restriction is found unconstitutional.
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Allows sex offenders to petition the superior court's appellate division for relief from the 2,000-foot restriction if they cannot find compliant housing within their county of domicile.
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Requires petitioners to prove by a preponderance of the evidence that there is a pervasive lack of compliant housing in the county, they are among a substantial proportion unable to find such housing, and the restriction is the principal reason for their housing inability.
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Permits courts to modify restrictions in narrowly crafted ways and bifurcate restrictions so that child molesters and those with victims under 18 years of age face discrete restrictions; subsequent petitions require proof of substantial changes in housing availability.
Legislative Description
Sex offenders: residency restriction: petition for relief.
Last Action
From committee without further action.
11/30/2016