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What are the steps necessary to file a writ to remove residency restrictions for sex offenders in California?

Roseville, CA |

I reviewed an article regarding a law passed in November 2010 by Los Angeles County Superior court that grants sex offenders (if approved by a judge) the right to live near schools, day cares, parks, etc. The ruling was that conditions of Jessica's Law were unconstitutional. I was convicted of 243.4 (e)(1), it did not involve a minor, and I've been compliant since my conviction 5 years before.

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Posted

It's my understanding that because of these decisions the residency requirements are not being enforced in many counties. Check with your sex registration office. If it is being enforced then consider a writ.

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Posted

If they are allowing modifications to conditions per a writ, I wonder why they are still enforcing it granted there hasn't been any backlash(that I know of).

Posted

A petition for writ of habeas corpus is a proper means for challenging a condition of parole. (See e.g. In re E.J. (2010) 47 Cal.4th 1258 [parolees who were registered sex offenders filed petitions for writ of habeas corpus challenging parole condition barring them from residing within 2000 feet of any school or park where children regularly gather.

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There are ways of going about this, but you will definitely need an attorney to handle this matter for you.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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