NJ- Millville repealing sex offender law

7-8-2009 New Jersey:

MILLVILLE - City commission on Tuesday unanimously approved the first step toward repealing its long-suspended sex offender residency restriction law following a New Jersey Supreme Court decision in May striking down local ordinances that attempt to regulate where convicted sex offenders can live once released from incarceration.

According to city Solicitor Richard McCarthy, the N.J. high court had ruled that the state-wide Megan's Law, passed in 1994, is meant to be comprehensive and supersedes local ordinances, including Millville's own.

The ruling affects 120 New Jersey municipalities with laws on the books prohibiting convicted sex offenders from living within a predetermined distance from schools, parks, playgrounds and other places where children congregate.

"The ruling basically states that any local sex offender ordinance that is adopted is pre-empted by Megan's Law, and that local municipalities don't have the right to make their own local laws concerning this," said McCarthy.

Later, McCarthy stated many of the local ordinances across the state were similar and specifically addressed places where convicted sex offenders could not enter.

"Ours was very similar to other municipal sex offender laws, in that it dealt with geographical residences," he said. "But, the court ruled that Megan's law is supposed to be comprehensive."

The city had opted two years ago to suspend its local sex offender ordinance after the case left the appellate court stage and had been referred to the state Supreme Court. Now, the commission is following the recommendations of its legal team in repealing the ordinance altogether.

"It's now the recommendation of lawyers in general that we repeal to law to fall in line with the court decision and that's what we're doing here," said McCarthy.

The ordinance goes to second reading at the commission's next meeting. The change would take effect on July 21, according to city officials.

Megan's Law is named after 7-year-old Megan Kanka, of Hamilton, who was kidnapped, raped and killed by a neighbor, a repeat sex offender, who had previously been released from prison. Other states, as well as the federal government, have since passed their own versions of Megan's Law.

The law requires convicted sex offenders to register with police after their released from incarceration and to notify authorities if they move. The past offender's entire neighborhood is advised if he or she is deemed most dangerous. ..Source.. by JASON LADAY