NJ- New Jersey (Proposed) Law Allows Limits on Sex Offender Housing

8-2-2009 New Jersey:

In June, a New Jersey Assembly committee approved a bill allowing towns to restrict where sex offenders can live.

The measure allowing towns to prohibit sex offenders from living near child care centers, schools and playgrounds was in response to a recent state Supreme Court ruling that struck down local residency limits.

The court ruled then that New Jersey's Megan's Law is the exclusive law governing sex offenders. Municipal restrictions on where offenders can live "interfere with and frustrate" the state's efforts to monitor those convicted of sex crimes, the court said.

The court's ruling invalidated laws in Galloway and Cherry Hill prohibiting sex offenders from living within 2,500 feet of places where "children might congregate." Approximately 100 other towns had similar measures.

In response, the new state bill makes it clear that towns may prohibit sex offenders over 21 years old from residing within 500 feet of schools, playgrounds and child-care centers.

Critics of the law -- and similar laws around the country -- argue that the measures are counterproductive, effectively making it impossible for sex offenders to find housing. Opponents of the legislation say this inevitably encourages offenders to break the law and live life underground where they can't be monitored. Critics say Iowa recently amended a similar law because prosecutors believed fewer sex offenders were registering as required after leaving prison.

The new legislation prohibits New Jersey towns from creating zones that make it impossible for offenders to live anywhere in the community. It also exempts sex offenders under 21 years old and those deemed to be low risk from the local residency laws. ..Source.. by Joseph D. Rotella