California Court Upholds Jessica's Law ... Sort Of

by Shannon Moriarty · 2010-02-04 08:21:00 UTC
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We all like easy answers. We like things to be black and white, right and wrong. But sometimes, with a complex issue like homelessness, things just aren't this simple. And perhaps nothing illustrates this better than the debacle surrounding Jessica's Law and the soaring rates of homelessness among sex offenders in California.

Jessica's Law, passed by voters in November 2006, bars sex offenders from living within 2,000 feet of a park or school. Though these tough housing restrictions were meant to protect children from the threat of recidivism, it has further limited the already sparse number of affordable housing options for ex-offenders, causing thousands to become homeless. Since Jessica's Law was enacted in 2006, the number of homeless sex offenders in California has increased a whopping 2,400 percent. Homeless and children's advocates alike have argued that Jessica's Law is nothing more than "forced homelessness." A tough issue, indeed.

Even the California Supreme Court more or less straddled the issue this week, according to SF Weekly. On Monday, the Court ruled at a broad level that it is constitutional for the state to enforce the residency restrictions of Jessica's Law on paroled sex offenders. Then it passed the buck. Now, smaller trial courts will need to decide -- on a case by case basis -- whether Jessica's Law is unreasonable, vague, overly broad or unconstitutional for individual parolees within their jurisdictions. Since every sex offender's case, and the threat they pose to children, is different, that's a lot of cases.

This decisive indecision by California's top court is a clear indication of just how cloudy this issue is. Understanding both sides of this debate does not make you indecisive, pro-sex offender, weak-on-crime, pro-homeless or anything else. It just means you see both sides of this challenging issue. Consider this:

We can all agree that everyone, especially children, has a right to feel safe in their home, school and neighborhood.

We can all agree that ex-offenders should not be released into an unstable situation that is proven to increase the likelihood of recidivism.

Finally, we can all agree that convicted criminals, including sex offenders, should be punished appropriately for their crimes. Those who have served their time in prison should not have to face a second sentence of homelessness on the streets.

Yes, there's a good argument to be made for any of these positions and the policies that support them. Which is precisely what makes Jessica's Law so tough to figure out -- there's no black and white, right and wrong answers. Even the Courts agree on that one.

Photo credit: InsipidLife

Shannon Moriarty has worked in various homeless shelters and service organizations around the country. She is a graduate student studying housing and urban policy at Tufts University.
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