On November 7, 2006, approximetly 70% fo California voters passed Proposition 83 also known as Jessica's Law. I was one of those that voted for it.

California voters spoke and their demands will be met, right?

WRONG

Three lawsuits opposing provisions of the Proposition have been filed in Superior court.

On November 8, 2006, U.S. District Judge Susan Illston in San Francisco temporarily blocked the 2,000-foot residency requirement from applying to currently registered offenders who are not on parole or probation, saying the measure is "punitive by design and effect" and likely unconstitutional.

In court papers and a federal court hearing Friday in Sacramento, lawyers representing Gov. Arnold Schwarzenegger's administration applied the same interpretation to those who are currently on parole.

District attorneys in six Central Valley counties and lawyers for Gov. Arnold Schwarzenegger argued in court papers that the GPS tracking and residency requirements apply only to those who are released from prison in the future. The state “has no intention of enforcing (Jessica's Law) as to individuals in plaintiff's circumstances,” state lawyers wrote.

On November 8, 2006, Los Angeles County Sheriff Lee Baca and District Attorney Steve Cooley said that they would introduce sweeping changes to the sheriff's early release policy. They are setting new rules, these new rules would keep most inmates in jail longer, but some categories of criminals — including child molesters, spousal abusers and some other serious offenders — would see their sentences slashed. They say that current guidelines are unfair and that these new rules would help eliminate the county's risk of being sued on claims that treating inmates differently is unconstitutional.

How ironic, California voters, vote to take a tougher stance against child molesters and spousal abusers and Los Angeles County Sheriff Lee Baca and District Attorney Steve Cooley decide that they want to be fair and release these predators from jail even earlier than they were being released.

It seems to me that the more things change, the more they stay the same.

David G. Hallstrom, Sr.
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