NJ- Franklin sex-offender law faces new challenge

6-15-2008 New Jersey:

FRANKLIN TWP. Officials are attempting to force a convicted sex offender who recently moved into the township to relocate on the grounds that he is in apparent violation of a local measure that restricts where pedophiles can live.

The 46-year-old is listed as Tier 3 sex offender, defined by Megan's Law as having the highest risk of re-offending. He resides in a property that is within approximately 100 feet of Mary F. Janvier Elementary School.

Mayor Frank Scavelli said the township has taken action to enforce its sex offender ordinance, which prohibits Tier 3 sex offenders from living within 3,500 feet of a school. However, the New Jersey Public Defender's Office is challenging the ordinance on behalf of the resident.

"We're going to do everything we can to enforce our ordinance or use any other legal means available to us, based on the recommendation of our solicitor, to protect our children," Scavelli said.

Convicted in Camden County of sexual assault on a female under the age of 13, the man served 512 years in prison, according to the state Department of Corrections Web site.

The Public Defender's Office has filed a lawsuit in Superior Court on behalf of the sex offender, referred to only by the initials A.B.

Deputy Public Defender Michael Buncher said the ordinance ignores state law, which already dictates that parole officers should determine where registered sex offenders may live.

"We contend that the township's plan, therefore, has been pre-empted by the state and is also inconsistent with what the state wants done, as reflected in Megan's Law," Buncher said.

Also, he said, the ordinance retroactively punishes sex offenders.

"If a person commits an offense, the law can't then be changed and made more severe than at the time the person violated the law," he said.

Lastly, he said, the ordinance is "irrational" and that the restrictive distances have no effect in safeguarding the community.

Details of A.B.'s charges were unavailable Friday.

The township's ordinance, adopted in October 2005, also restricts Tier 1 and Tier 2 sex offenders from living within 1,000 feet and 2,500 feet, respectively, of areas that children frequent.

It was previously challenged by the Public Defender's office on behalf of a 76-year-old man convicted of sexually assaulting his 6-year-old granddaughter and 3-year-old grandson. He lived 2,113 feet from Malaga Lake park. As a Tier 2 sex offender, the town's ordinance required him to live at least 2,500 feet from where children congregate.

The case was settled after the offender's tier level was changed so that the ordinance no longer applied to him.

Superior Court judges have found similar laws in Galloway, Cherry Hill and Lower townships to be invalid because they attempted to trump Megan's Law.

The courts also found the restrictive ordinances to be unconstitutional, violating the sex offenders' rights to live where they choose and punishing them a second time for their crime.

Still, some concerned Franklin Township residents say such restrictive ordinances are necessary. Jackie Lucas, of Franklinville, has started a petition that calls on state legislators to enact a measure allowing municipalities to enforce sex offender ordinances, like Franklin's.

"It's a major concern of ours that the state Public Defender's Office and the ACLU are trying to squash ordinances like ours that ... protect our children from these types of people," Lucas said.

Lucas, who has four children, one of whom attends Janvier, said the argument that sex offenders already served their time doesn't hold for her.

"Do the supporting groups really believe that the offenders have been reformed?" she asked. "Is there even an inkling of a doubt in their mind that the offender possibly could re-offend?"

Lucas said she would rather err on the side of caution.

"We have to protect our kids," she said. "We have to protect the innocent."

-You have got to be blind to believe these residency laws protect anyone. Remember, if an offender wants to attack someone, he can walk to the place at a minimum, residency has nothing to do with prevention of crimes.

Scavelli said the township committee is in support of the petition.

"We need more than what's currently on the books from the State of New Jersey, because it's simply not acceptable to have a guy with this kind of record living 100 feet from the school," Scavelli said.

Three state legislators have already proposed a measure that would allow towns to enact the laws and enable municipalities to enforce buffer zones around schools and playgrounds.

The proposal, sponsored by Assemblywoman Marcia Karrow, R-Warren/Hunterdon counties, has been referred to the Assembly Judiciary Committee, but has yet to be heard.

Buncher questioned whether the bill, if it were to pass into law, would be upheld in court.

"The other arguments would remain and be forceful and persuasive to a court that these local ordinances are unconstitutional," he said. ..News Source.. by Stephanie Brown