Background

• Charles Leroy Christman, previously adjudicated a sexually violent predator (SVP) for sex offenses against boys, petitioned for conditional outpatient release under the SVPA (§ 6608) after lengthy inpatient treatment; the court granted release and ordered the Department to find housing.
• Liberty Healthcare located a residence in Bay Point, Contra Costa County; the placement was challenged under SVPA § 6608.5(f), which bars placement within one-quarter mile of K–12 schools for SVPs with certain histories.
• The statutory phrase “one-quarter mile” does not specify a measurement method; the trial court measured by pedestrian-route (closest practical walking distance) and found the residence compliant.
• Contra Costa County appealed, arguing the distance must be measured by straight-line (“as the crow flies”), which would render the placement within the prohibited zone.
• The Court of Appeal reviewed statutory interpretation de novo and considered legislative purpose, precedent, and analogous administrative construction in resolving the measurement method.

Issues

Key Cases Cited

• Hubbart v. Superior Court, 19 Cal.4th 1138 (1999) (describes SVPA purpose and framework)
• Bd. of Trustees v. State Board of Equalization, 1 Cal.2d 784 (1934) (where statute silent, measure distance by straight line rather than traveled route)
• United States v. Ofarril, 779 F.2d 791 (2d Cir. 1985) (rejects pedestrian-route measurement for school-zone statute; endorses straight-line for clarity and enforcement)
• U.S. v. Clavis, 956 F.2d 1079 (11th Cir. 1992) (straight-line radius best effectuates protective zone around schools)
• United States v. Watson, 887 F.2d 980 (9th Cir. 1989) (straight-line measurement creates clear, ascertainable protection zone for schoolchildren)
• In re E.J., 47 Cal.4th 1258 (2010) (recognizes statutory goal of creating predator-free zones around schools)