Fresno County to pay out in settlement over law restricting sex offender housing
Fresno County Board of Supervisors unanimously voted this week to repeal an ordinance that restricts how close convicted sex offenders can live near schools and parks — a policy California’s Supreme Court found unconstitutional.
The move by Fresno County also includes a settlement with a Sacramento-based attorney who sued over the law.
The county has joined other localities across the state who have lifted the 2,000-foot or greater buffer many municipalities required of sex offenders for more than a decade.
About 40 localities, like Santa Clarita, Lompoc and several cities in Los Angeles County, have repealed their housing measures in recent years following litigation from Janice Bellucci, who is the executive director of the Alliance for Constitutional Sex Offense Laws.
She represents a man court documents refer to as “John Doe,” who lives within 90 miles of the Fresno County in an RV but wishes to move into the county. He filed suit late last year.
The California Supreme Court decided in 2015 that blanket residency restrictions were unconstitutional, because they treated every offender equally — whether they exposed themselves in public once or were a repeat rapist.
“We gave them a couple years notice,” Bellucci said of Fresno County on Wednesday, noting the 2015 court decision. “It took them almost five years to do the right thing.”
The amount the Fresno County will pay out in the settlement with Bellucci was not immediately available.
Under state law, those sex offenders on probation or parole may be under housing restrictions. Once they’ve lived without re-offending and are clear of parole or probation, the restrictions can no longer apply.
The board must vote again later this month to finalize the repeal.
A 2011 California Sex Offender Management Board report found buffers from schools and other areas frequented by children have little to do with whether those previously convicted of sex crimes will offend again.
Sex offender laws before the 2015 court case often required a 2,000-foot radius between the housing of a sex offender and schools or parks, a standard derived from Jessica’s Law in 2006. Fresno County required 3,000 feet.
About 97% of Fresno County is off limits for a sex offender looking for a home under the current restriction, according to Bellucci’s lawsuit. The repeal doesn’t set in until 30 days after it’s adopted.
Fresno County spokesperson Jordan Scott said the county’s law enforcement already complies with the state law.
“Fresno County law enforcement relies on state law in regards to the enforcement of registration or any individualized residency restrictions imposed as a condition of parole for sex offenders,” the county’s repeal says.
