Zoned Out: States Consider Residency Restrictions for Sex Offenders

Note: If you are a member of my SO-News Group you can find the complete report in the Group's file area titled "Zoned Out".
eAdvocate

12-8-2008 National:

During the trial of John Evander Couey, details about 9-year-old Jessica Lunsford’s death shocked the nation. Kidnapped from her own bed, held captive for several days, repeatedly raped and ultimately buried alive, the image of the sweet, smiling girl in a pink hat is in sharp contrast to her horrific murder.

At the time of Jessica’s abduction, Couey was a registered repeat sex offender who had failed to change his registered address when he moved in with his half sister, who lived only 100 yards away from Jessica’s home. Unfortunately, Jessica’s murder is only one of a number of high-profile cases that have shaken the confidence and feeling of safety and security citizens have grown to enjoy in their communities.

Public fears around sex offenders in the community have increased, and state lawmakers have experienced added pressure to strengthen laws to manage these offenders. Beginning in 1994, policymakers addressed the concerns surrounding sex offenders living in communities by enacting the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, which created the first standards for sex offender registries, now a public safety standard in every state. The Wetterling Act was amended in 1996.

Since then, the criminal justice community has witnessed a significant movement toward more effective management of sex offenders through legislative initiatives, and protecting the public against sex offenders has become a top priority among lawmakers. Among the many trends in recent state laws to better manage sex offenders are measures restricting where convicted sex offenders are able to live and work. State legislatures across the country have passed restriction zones to keep known sex offenders away from places where children congregate. As more states enact residency restrictions for sex offenders, experts are learning more about the many impacts of these laws on communities, offenders and public safety.

Trends in State Sex Offender Residency Laws The National Center for Missing and Exploited Children reports 644,865 offenders listed in sex offender registries nationwide as of July 2008. The U.S Department of Justice in a 1997 report, “Sex Offenses and Offenders— An Analysis of Data on Rape and Sexual Assault,” estimated that 60 percent of sex offenders are under some form of correctional or community supervision.

The first statewide residency restrictions for sex offenders developed earlier this decade have become a widespread approach to managing sex offenders in the community. According to Stateline.org, in 2005 16 states and more than 400 cities nationwide had adopted restriction zones, with some ordinances barring high-risk sex offenders from living within their city limits. By March 2008, at least 29 states had implemented some form of residency restriction zones, according to analysis by The Council of State Governments.

The severity of the restriction zones varies from state to state. For instance, in Illinois, sex offenders are prohibited from living within 500 feet of a school. Meanwhile, provisions in such states as California and Oklahoma require sex offenders to live as far as 2,000 feet from schools and parks.

Moreover, the places prohibited for sex offenders to live vary across the country. While some states like Mississippi and Ohio designate prohibited zones around schools and day care facilities, other states include parks, youth program centers and other places “where children congregate” in their provisions.

In Georgia, lawmakers went a step further, including bus stops, skating rinks, churches and swimming pools in that state’s sex offender residency restrictions—one of the most restrictive in the country. A registered sex offender found to be living, employed or loitering within 100 feet of the restricted areas faces 10 to 30 years in prison. The law faced a class action lawsuit due in part to its broad scope. In May 2008, Georgia Gov. Sonny Perdue signed Senate Bill 1 into law, reinstating the residency restrictions. The law was immediately challenged and is currently pending review.

Some policymakers worry that inconsistencies among the various state statutes have caused sex offenders to move from state to state in search of laws that are more lenient. As a result, some states are enacting legislation to protect their communities in reaction to laws passed in other jurisdictions, leading to a domino
effect in the passage of sex offender residency restrictions across the country.

South Carolina Rep. Joan Brady proposed a 1,000 feet residency restriction during the 2007/2008 legislative session after reading a newspaper article about a sex offender moving into South Carolina because he claimed its laws were less stringent. “We don’t want South Carolina to be a welcome center for sex offenders,” said Brady. “I am proposing a restriction zone for sex offenders living within 1,000 feet from our schools, playgrounds and places where children gather. The zones will not only protect our children, but put less stress on sex offenders if they know where they can and cannot be. We have a responsibility to prevent offenders from preying on innocent children.”

House Bill 3094 prohibits sex offenders convicted of an offense against a minor from residing within 1,000 feet of a school, day care center, children’s recreational facility, park or playground. Brady’s bill also narrowed the scope of the restrictions to higher level or more crimes targeted minors. The bill was signed into law by the governor in June 2008.

In addition to state laws prohibiting sex offenders from living in close proximity to schools and other child-focused facilities, many residency restrictions across the country have passed at the municipal level. For instance, 96 local jurisdictions in Florida established additional restriction zones by local ordinance, ranging from 1,500 feet in Hypolux or Lake Worth to a maximum and more common distance of 2,500 feet. Many of the zones limit sex offenders from living near child-oriented facilities such as schools, parks, churches, playgrounds, bus stops, museums, day cares, libraries and other places children may congregate. Some argue that these restrictions essentially ban sex offenders from living within city limits.


A link will be provided when it is uploaded to the Internet so folks can read the remainder of the report published by the Fall, 2008 National Legislative Briefing document produced by the Council of State Governments (CSG).