RESIDENCY RESTRICTIONS IMPOSED ON SEXUAL OFFENDERS: A CLOSER LOOK

May, 2007

EXECUTIVE SUMMARY
The issue of sexual offenders and predators is one of the most widely discussed topics in today’s society. While the issue of sexual abuse is a serious problem, some of the current policies in place are not the most effective means of protecting the innocent from these criminals. One such policy is residential distance requirements that prohibit sexual offenders and predators from living in certain areas, most often within 1,000 to 2,500 feet of a school, day care center, park, or playground. This assessment examines these laws and their effects on both the offender and the members of law enforcement charged with monitoring them.

Several issues have been identified relating to residential distance requirements placed on sexual offenders. Numerous studies have shown that a vast majority of sexual assaults on children are perpetrated by someone who is already known to the victim, such as a family member. In these cases, prohibiting the offender from living near a school or other place where children are routinely located would have no effect on preventing the offense, as the offender would have access to the child regardless of the location of the offender’s residence. Also, other studies have shown that prohibiting offenders from living in certain areas may lead to factors that contribute to recidivism. Additionally, in Florida there are multiple state laws and numerous local ordinances that prohibit where these individuals can reside. The number of offenders affected by these restrictions increases every day, as more and more people fall under the net of these laws. This puts a strain on law enforcement members and only magnifies the problem they already face in keeping track of sexual offenders.

Data was analyzed from both the Florida Department of Law Enforcement (FDLE) and Department of Corrections to assess the number of offenders affected by these restrictions. The major finding showed that although the number of offenders affected by the current state residency restrictions is not overwhelming at this time, the numbers are only going to increase, creating a problem for law enforcement in the future. However, the number of offenders affected by city and county ordinances is much larger. This could potentially lead to problems for law enforcement in tracking these individuals, and can also make it difficult for offenders to find residences that are within the limits of the law.

While residential distance requirements on sexual offenders and predators should not be completely abolished, certain reforms should be made to more effectively protect the public. Recommendations include eliminating local ordinances pertaining to sex offender distance requirements, looking at offenders on an individual basis to determine who should be restricted from living near places where children are present, providing funding for a multi-agency statewide study of the issue, educating parents and teachers on how to recognize the warning signs of abuse, the creation of more housing options available to offenders affected by residential restrictions, and educating the public and law enforcement on the laws. This will not stop the chronic problem of sexual abuse, but it would help focus resources in the appropriate direction. ..more.. by Christina Rivers, Florida Law Enforcement Analyst Academy, Class VIII