In re Quoc Thai Pham

Appellant Matthew Cate, as Secretary of the Department of Corrections and Rehabilitation, appeals from the trial court’s November 1, 2010 order staying enforcement of Penal Code section 3003.5, subdivision (b) as to all registered sex offenders on active parole in Los Angeles County pending the resolution of petitions seeking a writ of habeas corpus that had been previously filed. In issuing the order, the court concluded that enforcement of the statute led to the virtual banishment of those parolees from Los Angeles County and thus the statute was unconstitutional. We find the court erred and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

“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) . . . .” (In re E.J. (2010) 47 Cal.4th 1258, 1263 [ 104 Cal.Rptr.3d 165 , 223 P.3d 31 ].) Proposition 83 revised the Penal Code in certain respects and included an amendment to Penal Code section 3003.5, 1 a statute that restricts where registered sex offenders on parole are allowed to reside. The initiative added section 3003.5, subdivision (b) (section…