Loophole in Jessica's law allows sex offender to live near school

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California's "Jessica's Law," prevents convicted sex offenders from living within 2,000 feet of a school, but in the tony northern California town of Piedmont, convicted sex offender James Donnelly is living right across the street from an elementary school.

Donnelly was convicted in 2005 of possessing child pornography, but local authorities say they can't evict him.

"When the Piedmont police approached both the Alameda County district attorney's office and the Attorney Genreal of California, they told them that they couldn't enforce the law because there was never any punishment written into the initiative language," said New York Times reporter Gerry Shih, who wrote about the case for the newspaper.

State Senator George Runner sponsored Jessica's Law. A spokeswoman for Runner claims there is no loophole in the state law. She said Donnelly was paroled from federal prison and that federal parole officials could have made the residency requirement a condition of Donnelly's parole, but didn't.

Donnelly moved into his sister's house in Piedmont after he was released from prison in February. Donnelly asid he's hoping to move back into his old apartment in San Francisco, but is waiting for the current tenants to move out.

(Audio: KPCC's Alex Cohen spoke with New York Times reporter Gerry Shih about the case).