In re Taylor

On November 7, 2006, the voters enacted Proposition 83, The Sexual Predator Punishment and Control Act: Jessica’s Law (Prop. 83, as approved by voters, Gen. Elec. (Nov. 7, 2006); hereafter Proposition 83 or Jessica’s Law). “Proposition 83 was a wide-ranging initiative intended to ‘help Californians better protect themselves, their children, and their communities’ (id., § 2, subd. (f)) from problems posed by sex offenders by ‘ strengthening] and improving] the laws that punish and control sexual offenders’ (id., § 31).” (In re E.J. (2010) 47 Cal.4th 1258, 1263 [ 104 Cal.Rptr.3d 165 , 223 P.3d 31 ] (E.J.).)

Among its proponents’ objectives, Jessica’s Law sought to “prevent sex offenders from living near where our children learn and play” by creating “predator free zones around schools and parks” (Voter Information Guide, Gen. Elec. (Nov. 7, 2006) argument in favor of Prop. 83, p. 46, capitalization & italics omitted) through the enactment of mandatory residency restrictions in the form of an amendment to Penal Code section 3003.5. Section 3003.5, a preexisting law codified among statutes dealing with parole, already set forth certain restrictions on where and with whom…