In re E.J. on Habeas Corpus. In re S.P. on Habeas Corpus. In re J.S. on Habeas Corpus. In re K.T. on Habeas Corpus

Summary

The court held that applying the residency restrictions to registered sex offenders who were released on parole and obtained noncompliant housing after Proposition 83 took effect was prospective, not retroactive, and therefore did not violate statutory limits on retroactive Penal Code provisions. Because the restrictions applied only to post-enactment conduct and did not increase punishment for the original offenses, the court also rejected the federal and state ex post facto claims. The court transferred the remaining as-applied constitutional challenges to the appropriate trial courts for factual development. Justice Werdegar concurred in the result but viewed the date of living in noncompliant housing, rather than parole release, as critical; Justice Moreno, dissenting, would have found the restrictions impermissibly retroactive as applied to petitioners convicted before Proposition 83.