SAN DIEGO -- When California voters passed Jessica’s Law in 2006, the purpose was to protect children from known sex offenders. The law states that sex offenders "shall not reside within 2,000 feet of any public or private school or park... "

That might be what is written but it is not the reality.

The 10News I-Team, Watchdog Institute at San Diego State University, and the San Diego Union-Tribune joined forces to cross-reference the addresses of registered sex offenders in San Diego County with the addresses of local parks and schools.

The database created revealed a startling truth: 70 percent of registered sex offenders in San Diego County are living within 2,000 feet of a school or park.

A California Supreme Court case is currently questioning whether the living restrictions are legal. It is a case that was brought by four plaintiffs, two of whom are from San Diego. The local plaintiffs are only identified by the initials J.S. and K.T.

J.S. is a registered sex offender because he was convicted for urinating under a railroad trestle in 1985. K.T. raped an adult.

They’re challenging Jessica’s Law because J.S. said he cannot find a home outside the excluded areas and the home K.T. has owned for 20 years is too close to a school.

In oral arguments before the justices of the state supreme court, the plaintiffs' attorney, Ernest Galvan, argued that the law is defective and doesn’t really keep children safe.

	Click Image For Larger View -Maps Courtesy The San Diego Union-Tribune

"The exclusion zones do not limit where the registrants go, only where they sleep," Galvan pointed out.

As the I-Team’s joint investigation revealed, enforcement has been strained because the law is vague. It's unclear if it applies to all registered sex offenders, or only those who committed their offenses after the law passed in 2006.

In Mira Mesa, Ericson Elementary School is adjacent to a community park. The kindergarten playground faces the home of Jerome Cruz, a registered child molester convicted of the continuous sexual abuse of a child younger than 14 years old.

The I-Team tried to talk to Cruz about his living arrangements, but he refused to answer any questions. He is only one example.

There are three convicted child molesters within 520 feet of Valencia Park Elementary in central San Diego. A sexually violent predator lives near Laurel Elementary in Oceanside and a registered sex offender lives directly across the street from Horace Mann Middle School in the College area.

The reason so many sex offenders live so close to parks and schools is that only the State Department of Corrections has enforced Jessica’s Law, and only for those currently on parole. It’s a law with no teeth. For those who are not on parole it is unenforced and there is no written penalty for violating it.

"Residency restrictions with sex offenders is a very hot public policy issue right now," Dr. Kurt Bumby said. Bumby is a well-known Washington, D.C.-based consultant in sex offender management. He added that the selective enforcement of the law is just one of its flaws.

"There’s no evidence that residency restrictions actually reduce victimization," he said.

Even California’s Sex Offender Management Board agrees. In its most recent report, the board stated that Jessica’s Law might "threaten public health instead of enhancing it," and might be an "unwise" use of millions of taxpayer dollars.

According to the report, the board made the point that residency restrictions are causing more sex offenders on parole to declare that they’re homeless. Jessica’s Law allows offenders to be homeless but some say it can be used as a way criminals make sure they don’t violate their parole by living too close to a school or park and risk being sent back to prison.

"When we create situations in which sex offenders have no place to reside, that may actually increase the risk to the community and decrease public safety," said Bumby.

There have been no prosecutions in San Diego County for violating Jessica’s Law. Currently, it and even stricter residency restrictions passed by the San Diego City Council and other local cities are in limbo, pending the outcome of the state supreme court case questioning whether the living restrictions are legal.

A decision in the state supreme court case is expected within 90 days.

To find out if there are registered sex offenders living near you, search by ZIP code, park or school on the Megan's Law Web site.