NY- Hearing on sex offender law set

See letter to the editor at end of article:

7-28-2009 New York:

Colonie hopes to create limits that will stand up to challenges in court

COLONIE -- The town conducts a public hearing Aug. 6 on a proposed law to limit the number of sex offenders motels and hotels can house.

Courts have repeatedly struck down laws trying to impose limits that go beyond current state restrictions on where sex offenders can live. Town Attorney Michael Maggiulli said his approach is different because he is focusing on regulating the hotels and motels that house sex offenders.

The town is also preparing a Freedom of Information Law request to state agencies that place sex offenders in Colonie, seeking proof they conduct a required analysis on whether a community is overpopulated with people convicted of sexual offenses.

The request will go to the state Division of Parole, the state Corrections Department and the state Division of Probation and Correctional Alternatives.

"Under the Executive Law, all of these state agencies before they place sex offenders are supposed to take into account overcrowding," he said. "We want to see if they're doing this because we don't think they are."

Depending on the results of its FOIL request, Maggiulli said, the town could seek to file for a hearing to challenge the state's assignment of sex offenders to live in Colonie.

As of June 25, 119 of the 211 sex offenders in Albany County were living in the town, Maggiulli said when he first introduced the law earlier this month.

The proposed law would require hotels and motels that plan to house sex offenders to get a license. Those with 50 or fewer units would have to pay a yearly fee of $1,500. Those with more rooms would pay $3,000.

The town would assign a point system: One point for Level 1 offenders, the lowest level, two points for Level 2 offenders, and three points for Level 3 offenders. Motels with 50 or fewer units would be granted a total of six occupancy points, while larger hotels would get up to nine.

Other communities have tried to impose limits on how close convicted offenders can live to schools and other facilities used by children beyond the 1,000 foot rule under state law. Courts have repeatedly struck those laws down.

The hearing on the Colonie law will be held at 7 p.m. Aug. 6 at Town Hall. The Town Board will likely vote on it at its meeting afterward. ..Source.. by TIM O'BRIEN, Staff writer



Letter to the Editor:
Abused child may know perpetrator

All the attention given to registered sex offenders living at motels in Colonie gives a distorted perception of the more likely perpetrators of sex crimes against children.

According to the U.S. Department of Justice, 93 percent of children who are victims of sexual abuse are victimized by family members or acquaintances. A study reported in 2008 found that 94 percent of those arrested for the sexual molestation of children in New York were first-time offenders not listed on any registry.

If a child has been the victim of sexual abuse, the odds are 4 in 1,000 that the child was victimized by a stranger who is a registered sex offender. The odds are far greater, 874 in 1,000, that the child was victimized by a family member or acquaintance who is not listed on the sex offender registry.

C. David Hess, SOhopeful of New York (http://www.sohopefulny.org --
dhess@rochester.rr.com)