NJ- Justices hear case on sex offenders

3-24-2009 New Jersey:

Housing restriction brings challenges

More than 100 towns in New Jersey have laws on the books that keep sex offenders from living near schools, libraries and playgrounds.

But that soon may change because of a legal challenge that will be considered today by the state Supreme Court.

In a case involving Cherry Hill and Galloway Township, the court will hear arguments on whether towns have the power to restrict where released sex offenders live or if such local mandates conflict with New Jersey's Megan's Law, which has notified communities of their whereabouts for nearly 15 years.

The local laws have been on hold since December, when a state appeals court ruled that such restrictions should be made by lawmakers on a statewide level, not by individual towns. Since 2005, 118 towns have enacted laws that limit where sex offenders can live, according to Legal Services of New Jersey.

The state's Public Defender's office says the local laws further "restrict already limited housing opportunities" for sex offenders and keep them from being "rehabilitated and reintegrated into the community."

Attorneys for Cherry Hill say banning them "paralyzes municipalities in the face of a problem that is distinctively local" because it prevents towns from making their own laws that "protect children" from convicted sex offenders, according to a court filing.

"While the mayor (Bernie Platt) believes Megan's Law is well-established and is beneficial to municipalities, he doesn't feel that goes far enough to protect the children and families of Cherry Hill," Dan Keashen, spokesman for the town, said.

Cherry Hill, in Camden County, and Galloway Township, in Atlantic County, both prohibit sex offenders from living within 2,500 feet of a school or park. Those who don't move immediately face steep fines, community service and jail time.

The Cherry Hill law was challenged by two convicted sex offenders who had moved into a motel after it was approved by a parole officer but were asked by the town to leave because it was within 2,500 feet of Camden Catholic High School. The Galloway Township law was challenged by a college freshman living in a Richard Stockton College dorm who was considered a sex offender because of an incident that occurred when he was 15.

The appeals court found that because Megan's Law was so "comprehensive," the state already influenced where sex offenders could live. It said towns that tried to control it themselves would "interfere with and frustrate the purposes and operation of the statewide scheme."

"This is a decision for the Legislature and not for each individual municipality. The fact that the Legislature refrained from enacting such a statewide restriction indicates a legislative belief that Megan's Law ... already addressed the issue," wrote Appellate Division Judge Joseph Lisa.

Under Megan's Law, sex offenders must register with local police when they're released from prison. Sex offenders are then ranked based on the crime they've committed in the past and the future risk they pose to a community. Local law enforcement and towns then notify residents according to the level of that threat. While residents don't have to know about sex offenders with lesser offenses, they do have to be notified about neighbors who have committed more serious crimes.

But many of the towns that have laws dictating where sex offenders can live, do not make those distinctions, lawyers said.

William Kearns, a lawyer with the League of Municipalities, said the towns' laws should be as nuanced as Megan's Law, if lawmakers decide they want more control over where sex offenders can live. "You also need to draw some distinction between the low-risk offenders and high-risk offenders," he said.

More than 27 states have laws that do just that, according to the Department of Justice.

If New Jersey enacted such a law, many sex offenders would have to find another place to live. In a 2007 study, researchers in the U.S. Department of Justice looked at what would happen if sex offenders could not live within 2,500 feet of a school. In Newark alone, 193 of the 196 registered sex offenders would have to move, the study found. ..News Source.. by MARY FUCHS, STATEHOUSE BUREAU