I enjoyed the President's swipe at SCOTUS earlier this week.
That being said, the Supremes have yet to rule on the practice of civil commitment for federal prisoners.
With the spotlight glare upon The Wise Ones, may they twist ever so uncomfortably in their robes over that issue based on the ruling by the California Supremes indicating such practice may "...violate constitutional guarantees of equal protection."
Yet per usual, the Cali Supremes placed a hedge bet.
(...)
The ruling, written by Justice Carlos R. Moreno, did not strike down the measure.
Instead, the court said a fact-finding hearing must be held to determine whether valid reasons exist for treating sex predators differently from others subject to civil confinement, such as mentally disordered offenders.
Justice Ming Chin, joined by Justice Marvin Baxter, dissented.
"Whether sexually violent predators present a distinct danger warranting unique remedies is for society to determine, not a trial judge," Chin wrote.
KTLA News, (1.28.2010)
Read more over at ABC News, San Francisco. (1.28.2010)
As previously mentioned by one of SF's froggiest, California is also questioning the constitutionality of Jessica's Law.
(...)
The number of convicted sex offenders living on the streets is soaring across the state, according to new figures released to the ABC7 I-Team. It is an unintended consequence of Jessica's Law (Prop 83), passed overwhelmingly by voters a few years ago.
The California Supreme Court is expected to issue a ruling next week whether Jessica's Law is so broad and intrusive, that it violates the constitutional rights of convicted sex offenders. But, even more important, the measure meant to protect children could actually be putting us all at risk.
(...)
Under Jessica's Law, a paroled sex offender can't take up residence within 2,000 feet of a school or park. Checking the map at the parole office in San Francisco, that leaves very few places for sex offenders to live.
The I-Team spoke with San Francisco parole supervisor Armel Farnsworth.
Noyes: The high rent district, the parking lot of the ball park?
Farnsworth: Yes.
Noyes: The toxic waste dump at Hunter's Point?
Farnsworth: Yes.
Noyes: Or out on the golf course?
Farnsworth: The golf course at the Olympic Country Club, yes.
(...)
The author of Jessica's Law, State Sen. George Runner, says he is open to communities loosening the restriction against sex offenders living within 2,000 feet of a park or school.
"If the city of San Francisco felt like 500 feet was a better number, we certainly don't have any issue with that," said Runner. "Our issue has been pretty simple, we just don't think that a person who has molested a child should live across the street from a school."
The California Supreme Court could do away with the residency restriction altogether. The key issues: the law also applies to parolees who have not committed crimes against children, and it sometimes applies to those who committed sex crimes long ago.
Read more over at ABC News, San Francisco. (1.28.2010)
