What is Proposition 83?
Proposition 83 is an initiative passed by California voters in the Nov. 7, 2006 election. Among other provisions, Proposition 83 prohibits registered sex offenders from living within 2,000 feet of a school or park where children gather.
• Read the Proposition
Jodi Schwartzberg & Annie Lo, "The Law and Policy of Sex Offender Residency Restrictions: An Analysis of Proposition 83" (Public Law Research Institute, Fall 2006) summarizes existing empirical research on the effect of residency restrictions, and analyzes the constitutionality of Proposition 83 under the federal and state constitutions.
• Read the Working Paper
Marcus Nieto and David Jung, The Impact of Residency Restrictions on Sex Offenders and Correctional Management Practices: A Literature Review (California Research Bureau, 2006).
• Read the Report
• Read Professor Jung's prepared remarks before the joint Senate and Assembly Public Safety Committees' hearing on Proposition 83, October 10, 2006.
California : On March 2, 2015, the California Supreme Court ruled that the residence restrictions imposed by Proposition 83 are unconstitutional under the U.S. Constitution’s 14th Amendment, holding that the restrictions have “infringed [sex offenders’] liberty and privacy interests, however limited, while bearing no rational relationship to advancing the state's legitimate goal of protecting children from sexual predators, and has violated their basic constitutional right to be free of unreasonable, arbitrary, and oppressive official action.” The case is available here.
Jill S. Levenson, Ph.D. and Leo P. Cotter, The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd?