In re E.J., No. S156933

In a unified habeas petition by four registered sex offenders challenging the constitutionality of a provision in the Jessica Law, that sets forth restrictions on where certain registered sex offenders subject to the lifetime registration requirement may reside, is transferred to the courts of appeal for further proceedings where: 1) the court rejects claims that Penal Code section 3003.5(b), construed as a statutory parole condition, is being impermissibly retroactively enforced as to the petitioners, and as thus enforced, constitutes an ex post facto law under the state and federal constitutions; and 2) with regard to defendants' remaining claims that section 3003.5(b) is an unreasonable, vague and overbroad parole condition that infringes on a number of their fundamental constitutional rights, evidentiary hearings will have to be conducted to establish relevant facts necessary to decide each such claim.  

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Filed February 1, 2010

Judges

Opinion by Judge Baxter

Counsel
For Appellant:  Prison Law Office, Donald Specter, Vibeke Norgaard Martin, Rachel Farbiarz; Rosen, Bien & Galvan, Ernest Galvan, Nura Maznavi, Loren Stewart and Shirley Huey

For Appellee:  Mennemeier, Glassman & Stroud, Kenneth C. Mennemeier and Kelcie M. Gosling