Legal Question in Administrative Law in California

If Chelsea's Law (California Assembly Bill 1844) becomes law will it apply to sex offenders currently on parole?


Asked on 4/20/10, 11:02 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I have not been following this closely, but incidental conversations I've heard suggest that, as written, the bill would alter the rights of persons already convicted and thus probably will be subjected to a court challenge as an unconstitutional "ex post facto" law in that respect. In the past, courts have held that laws requiring registration, etc. could not be applied to offenders who were convicted before the law was passed. There may be an argument that the law passes constitutional muster with respect to parolees because terms of parole are a private deal between the convict and the state and not subject to the "no ex post facto" limitation.

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Answered on 4/26/10, 8:33 am


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