In a unified habeas petition by four registered sex offenders challenging the constitutionality of a provision in the Jessica Law, that sets forth restrictions on where certain registered sex offenders subject to the lifetime registration requirement may reside, is transferred to the courts of appeal for further proceedings where: 1) the court rejects claims that Penal Code section 3003.5(b), construed as a statutory parole condition, is being impermissibly retroactively enforced as to the petitioners, and as thus enforced, constitutes an ex post facto law under the state and federal constitutions; and 2) with regard to defendants' remaining claims that section 3003.5(b) is an unreasonable, vague and overbroad parole condition that infringes on a number of their fundamental constitutional rights, evidentiary hearings will have to be conducted to establish relevant facts necessary to decide each such claim.
Read In re E.J., No. S156933 [HTML]
Filed February 1, 2010
Opinion by Judge Baxter