Posts Tagged ‘parole’

Authorities Finding Jessica’s Law Difficult To Enforce

Monday, December 7th, 2009

dave mcmtIn 2006, California voters passed the proposition to put “Jessica’s Law” into effect. In theory, this meant that registered sex offenders would no longer be able to live within 2,000 feet of a school or park. Unfortunately, the vagueness of the law and lack of penalties for violations is making it impossible for police to enforce. More than 70 percent of the city’s sex offenders are violating the law.

Authorities say the law does not specify whether it applies to all sex offenders or only those who were convicted after the law took effect. Also, they claim there are no punishments for those who violate the law, making it pointless to go after the offenders. San Diego criminal lawyers say many of their clients actually want to follow the law, but the 2,000 feet from any school or park requirement leaves them with few housing opportunities. As a matter of fact, four sex offenders have challenged the residency restrictions and their case will soon be heard by the state Supreme Court. The court’s ruling is expected in February.

For now, the requirement seems to be causing more offenders to become transient, and thus harder to track. A recent report found that in 2006 San Diego only had 88 transient sex offenders, but in 2008, the number rose to 1,056 –an 1100% increase. Experts worry that by pushing offenders into transient status, the state is actually increasing the likelihood of repeat offenses.

To read more about this complex issue, see the article on Sign On San Diego. Image via Dave mcmt [Flickr]

Marsy’s Law Providing Victims With Peace of Mind

Tuesday, November 10th, 2009

bloomsberries

A year after the passage of California’s Marsy’s Law, crime victims have already began seeing the positive effects of the bill. The law greatly reduced the number of parole hearings provided to criminal offenders in order to help reduce the strain on the families of the victims who are required to attend the hearings. For many, the frequent hearings cause emotional strain by forcing them to relive the ordeal, additionally, the frequent trips to these hearings can often result in financial burdens.

Legislatures believe the law will also help save tax dollars by extending the period of time a person must wait between parole hearings. “Because of Marsy’s Law, I was afforded liberties that I have not seen in any of the previous parole hearings I’ve attended for other crime victims,” said Justice for Homicide Victims member Arnold Heilemann. “It will be a long time before we have to relive the agony of another parole hearing, but we must remain vigilant that Marsy’s Law does not become a law that can be ignored.” Marsy’s Law permits judges to select anywhere from one to fifteen year long periods the convict must wait before again applying for parole. The man convicted of murdering Heilemann’s son received the maximum waiting period of 15 years.

With the law in effect, those facing parole hearings need to take these opportunities even more seriously and should always work with a skilled San Diego criminal lawyer in order to maximize their argument’s effectiveness.

To learn more about Marsy’s Law, please read the article in Reuters. Image Via Bloomsberries [Flickr]