I'm fairly confident that Chief Judge Kozinski's opinion in this case correctly summarizes existing precedent. It's not unconstitutional for a state to require -- as California does -- everyone who has ever been found to be a "sexually violent predator" to physically appear at a police station every 90 days for the rest of their lives and answer questions and fill out various forms. Even after they have been released from treatment.
That's the law.
I merely wonder how far this goes. What if it's 30 days? Every week? Every day? Judge Kozinski says there's no fundamental right at stake, so it's only rational basis review. Presumably making prior sex offenders show up at the police station every single day would accomplish the same objectives that Judge Kozinski notes are advanced by the 90-day rule: deterrence, information, etc. Even more so, I imagine.
So no violation there either? Gotta show up at the police station every day for the rest of your life because we've found that you're the "type" of person who's "predisposed" to commit various offenses?
What's the right line here between the permissible and impermissible?
