NJ- Atty. advises holding off before repealing local law

8-20-2008 New Jersey:

MANALAPAN - Take a wait and see attitude was the advice of the township attorney regarding whether Manalapan officials should act to repeal a municipal ordinance that restricts where in the township released sex offenders may live.

In certain instances the local ordinance, which is known as Miracle's Law, also restricts their right to remain in locations where children may be present.

Township Attorney Kevin Kennedy also advised the governing body at their Aug. 13 meeting not to enforce the ordinance until it is known whether the state Supreme Court will uphold a recent Appellate Court decision.

The Appellate Court said New Jersey municipalities cannot impose residency restrictions on convicted sex offenders.

The court said New Jersey's Megan's Law is the only law that may deal with convicted sex offenders.

Megan's Law established guidelines that require persons who have been convicted of sexual offenses to register with law enforcement agencies when they move into a community.

Based on what is called the offender's tier rating, school administrators and residents may be advised of the person's presence in the community. In some instances only police have the knowledge that a sex offender is living in the municipality.

Miracle's Law was adopted by the Township Committee in 2005. It restricts where in Manalapan convicted sex offenders may live and addresses the length of time they may loiter in certain locations.

In one instance in which a convicted sex offender indicated that he might challengeMiracle's Law, the individual moved out of Manalapan before doing so.

A state Appellate Court recently ruled that New Jersey municipal officials cannot place restrictions on sex offenders be- yond what is permitted by Megan's Law. The ruling was part of litigation that had been brought by several individuals against Galloway Township and Cherry Hill.

The appeals panel rejected those towns' laws that prohibited convicted sex offenders from living within 2,500 feet of any school, park, playground or day care center.

In rendering their decision, the threejudge panel found that Megan's Law was "pervasive and comprehensive" and should be the only law that dictates sex offender registration, notification, reintegration and rehabilitation.

A state Superior Court had earlier overturned the local laws in Galloway Township and Cherry Hill. The municipalities appealed to the Appellate Court and lost their case.

The next step would be for the municipalities to appeal to the state Supreme Court, which could choose to hear the case.

Kennedy told Manalapan officials at the Aug. 13 meeting, "Court challenges have modified Megan's Law, but the same goals and objectives remain - community notification."

He said the fact that some treatment programs stipulate that a newly released offender reside in the family household as part of their treatment plan offers one example as to why there are contentions about the residency restrictions imposed by the individual municipal ordinances.

"There is a need for uniformity. This appellate decision held that issue should be handled by the state and not municipalities," he told the committee members.

As to whether Manalapan officials should take any action to rescind Miracle's Law based on the Appellate Court decision, Kennedy said, "I would wait to see what the state Supreme Court decides, but I certainly would not move to enforce it until then." ..News Source.. by KATHY BARATTA Staff Writer