NY- Sex offender law hashed and re-hashed

11-21-2008 New York:

CARMEL-Putnam County will finally be implementing its new Child Safety Zone Law this December, despite a warning from the county's legal department that the law might not stand up to a constitutional challenge.

Members of the Putnam Legislature's Protective Services Committee, consisting of Terry Intrary, Mary Ellen Odell and Mary Conklin, discussed the tough bill for nearly two hours last week with District Attorney Adam Levy as well as representatives of the Putnam Sheriff's Department, Putnam Probation Department, Department of Social Services and the county's Department of Law.

Although the law was enacted on April 28, it has never been enforced. County officials were concerned that court decisions issued on similar laws in communities throughout New York and New Jersey challenging its constitutionality would add an unnecessary cost to Putnam taxpayers.

However, when two dozen proponents of the Child Safety Zone legislation attended the meeting and urged lawmakers to approve the mandate and forward it to the full legislature, the committee agreed to pass the legislation along.

Levy told the audience: "As a father of three young children, it is extremely important to me that children remain safe in their homes. As District Attorney, I must weigh my emotions with the constitutionality of the law proposed because as a taxpayer the last thing I want to see is a law, enacted with good intentions, be struck down following a pricey and lengthy challenge in court. None of us wants sex offenders living next to our children, but we must tread cautiously because under the Constitution sex offenders have rights and can't be prejudiced against."

Levy commended the legislators - especially Tony Hay - for "starting us rolling on the right path. We can look at our sister jurisdictions and determine what was done right, and what went wrong. Let's not repeat others mistakes. A law must be created that adds teeth to the New York State Law to better protect our children and families across Putnam County."

County Attorney Karen Lee urged that the county differentiate between levels of sex offenders. She also urged them to add a grandfather clause allowing those sex offenders already living or working within 1,000 feet of a school or place where children congregate to remain.

Intrary, a retired Carmel Police officer and resident of Kent who chairs the Protective Services Committee, said the original Putnam law would not stand the challenge of a lawsuit because the county didn't differentiate between levels of sex offenders. "Personally, (I believe) Level 2 and Level 3 sex offenders should never be freed from prison. That's my feeling but there are constitutional rights for living in the USA. We live by laws and when our counsel tells us the Putnam law has too many holes in it like water running through a screen, we must re-think the legislation by making it tougher to stand the test of a high court after being challenged by the American Civil Liberties Union," he said.

Putnam County currently has 42 registered sex offenders residing within its borders. Probation Director Gene Funicelli told the audience that sex offenders were a "high risk population. We keep them on a very tight leash."

Neil Platt of Southeast warned if the grandfather clause was eliminated "Putnam County will be giving sexual predators a free pass."

Jean Noel of Lake Carmel, who told the group about how her daughter was nearly abducted by a sexual predator 20 years ago, charged the county was "legislating out of fear of a challenge. Has a challenge ever been successful? A grandfather clause gives the community no safety. This is a county of the free but where are our rights?"

The legislation bars only Level 2 and Level 3 registered sex offenders from residing, working or entering within 1,000 feet of areas designated as child safety zones. Sheriff Donald Smith identified such areas or facilities as schools, parks, playgrounds, child care facilities and other places frequented by children.

Smith said "Putnam County was committed to protect its children from dangerous offenders through a process that is efficient, practical, and constitutional."

Levy charged that sex offenders "put the fear of God in all parents and grandparents in our communities. The Putnam law is practical, effective and constitutional. It will protect our families." ..News Source.. by Eric Gross, Staff Reporter