Why would states fight against this law? Does it interfere with their sovereignty somehow?
In certain states, there are laws already in place and people are "comfortable" with having an offender just serve 2 yrs on a rape charge. States do not want to be dictated to, in regards to laws, and some in the House of Rep. (in States like Vermont, Idaho, etc.) Feel that they are being dictated to, in regards to thier state's laws. So they oppose or drag their feet until they absolutely have to do something.
Then there are the states who just pop a Jessica's Law just to have a Jessica's Law and they did not take the time to look into the consititutional rights of the offender. Yes, they have rights even after they do the things they have done. An example of this is in California, as soon as Jessica's Law was passed there, they had a lawsuit over the rights of the Offender. See article below:
Parole officers started arresting hundreds of sex offenders for living too close to a school or park , despite the state Supreme Court saying that Jessica's Law may violate sex offenders rights and efforts by lawyers defending four sex offenders to block enforcement until a ruling is made, KTLA reported Friday.
T he justices may rule on its constitutionality, after government send their objects and the parolees' attorneys respond by the end of the month. Parole officers started arresting hundreds of sex offenders for living too close to a school or park , despite the state Supreme Court saying that Jessica's Law may violate sex offenders rights and efforts by lawyers defending four sex offenders to block enforcement until a ruling is made, KTLA reported Friday.
CA Supreme Court may rule on constitutionality of Jessica's Law
The state Supreme Court on said that revoking the parole of four recently released sex offenders who are illegally living within 2,000 feet of schools and parks according to Jessica's Law may violate their constitutional rights, the Associated Press reported.
The parolees' attorneys are trying to make the temporary injunction to apply to the 1,800 sex offender parolees told to move or risk imprisonment. They argue that Jessica's law is unconstitutionally vague and imposes unreasonable conditions on parole.
The law causes parolees to become homeless and doesn't stop them from going to schools or parks, just from sleeping there, said Don Spector who directs the non-profit Prison Law Office and is one of the parolee's attorneys in the case.
The state has until Oct. 24 to file it' s objections and the parolees' attorney until the following week to respond. After that, the justices could rule on whether Jessica's Law is constitutional.
The Governor's office said they plan on continuing revoking parole from violators unless another court order is given.
By Don Thompson ASSOCIATED PRESS
7:06 p.m. October 10, 2007
SACRAMENTO – The state Supreme Court on Wednesday blocked the California Department of Corrections and Rehabilitation from revoking the parole of four recently released sex offenders who are illegally living too close to schools and parks.
In a one-paragraph order, the court said it will consider whether Jessica's Law violates the parolees' constitutional rights. The law approved by voters last November prohibits offenders from living within 2,000 feet of a school or park where children gather. The parolees' attorneys said the temporary injunction should apply to all the nearly 1,800 recent parolees who had been told they must move or risk being sent back to prison starting Thursday.
The state still plans to immediately start revoking parole for violators unless it is blocked by another court order, said Bill Maile, a spokesman for the department and Gov. Arnold Schwarzenegger.
“We intend to move forward on implementation with all other offenders subject to the law,” said Maile.
Don Specter, director of the nonprofit Prison Law Office, said he would seek new injunctions for each of the 1,800 parolees, if necessary.
Attorneys for the four parolees argue that the law punishes sex offenders after they have already paid for their crime by serving prison time. They allege the law is unconstitutionally vague and imposes unreasonable conditions on parole.
It could also force offenders underground because they can't find housing that fits the strict rules under the law, said Specter, one of the attorneys who won the injunction Wednesday.
“It will cause more problems than it will solve,” Specter said. “It makes them homeless in many counties. It's irrational in that it doesn't prevent them from going near these places (schools and parks) – they just can't sleep there.”
Two law firms sued on behalf of four sex offenders whose crimes did not involve children. The offenders are identified in court documents only by their initials, but one is from San Francisco, one is from San Mateo County, and two are from San Diego County.
All four are subject to Jessica's Law not because of their most recent offenses, but because of prior crimes dating as far back as 1985. Two committed forcible rapes, but one was convicted of having consensual sexual contact with a 15-year-old girl at a party when he was 16.
The Supreme Court ordered the state to file its objections by Oct. 24, and gave the parolees' attorneys until Oct. 31 to respond. The justices could then issue a ruling on whether Jessica's Law is constitutional.
That is why I am glad that NC did look into the constitutionality of it's mandates and covered issues that pops up when it comes to offenders rights.
X.