Proposition 83

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

Working Paper

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

Report

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.

Current Litigation

• California : On Nov. 8, 2006, John Doe, a registered sex offender, challenged Proposition 83 in federal court on the claim that the initiative violated his constitutional rights. On February 9, 2007, Judge Karlton ruled that the Proposition did not apply to the plaintiffs, because they were convicted before the statute's effective date. According to the court, there was insufficient evidence that the statute was intended to apply retroactively. Court filings are online at http://prop83.org .

• New Jersey: On December 22, 2006, a New Jersey trial court enjoined the operation of a local ordinance prohibiting sex offenders from residing or loitering within 500 feet of a school. Read the court's opinion.

Other resources

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?