7-22-2008 Oklahoma:
The Legislature in recent years has passed bills clamping down on sex offenders, legislation that gave some in law enforcement pause because of potential problems but allowed lawmakers to tout their tough-on-crime credentials to constituents. Now at least one state has seen similar laws get rebuked in court.
In 2006, the Legislature said sex offenders weren't allowed to live within 2,000 feet of day-care centers, playgrounds and parks (they previously had been banned from living near schools). The new law left these men and women with few residential options if they didn't want to go back to jail.
In New Jersey last week, a state appeals court said a similar statute shouldn't be on the books in towns there. The three-judge panel said New Jersey's Megan's Law, which requires sex offenders to register with the state, was "pervasive and comprehensive” and should be the only rule that governs how such offenders are treated. The ruling upheld findings by judges who had invalidated laws in two Jersey townships.
Those towns had banned sex offenders from living within 2,500 feet of schools, parks, playgrounds, churches or any place "where children might congregate.” The appeals court said those ordinances get in the way of and "frustrate the purposes and operation of the statewide scheme.”
Like New Jersey, Oklahoma requires convicted sex offenders to register with law enforcement. The 2,000-foot rule — what's magical about that distance? Why not 1,800 feet, or 2,450? — have resulted in sex offenders living in clusters with other sex offenders and no doubt has led some (many?) to simply not register. Both outcomes are troubling.
We're not aware of challenges to Oklahoma's statute. Might what happened in the Garden State provide an impetus? ..News Source.. Editorial The Oklahoman
July 22, 2008
OK- Boarding pass: New Jersey nixes sex-offender law
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