FL- Studies show sex offender residency limits fail

11-3-2009 Florida:

TALLAHASSEE, Fla. -- Studies show that laws prohibiting sexual predators from living near schools and other places where children congregate do not prevent offenders from committing new crimes and may be counterproductive, a legislative policy analyst told a House panel Tuesday.

Marti Harkness, who specializes in criminal justice issues in the Office of Program Policy Analysis and Government Accountability, said better options would be to bar offenders from smaller zones near places where children gather and keeping tabs on them with electronic monitoring.

Florida prohibits certain sex offenders from living within 1,000 feet of schools, day care centers, parks and other places that attract children, but some local governments have expanded the ban to as much as 2,500 feet, most notably in South Florida.

Those limits made it so difficult for sexual predators to find affordable housing in Miami-Dade County that some offenders have been living under a bridge in view of tourists and others using the span, creating a backlash against the restrictions.

Harkness cited studies on repeat sex offenders in Minnesota, Colorado and Florida, which turned up no connection between where they lived and where they committed new crimes. The Minnesota study also showed no children were victimized near schools or other restricted places but 79 percent of the offenders knew their victims.

"It's not the guy in the trench coat, the creepy guy standing by the school, it's the baby sitter, neighbor, relative," Harkness said.

His report drew much different responses from two members of the Public Safety and Domestic Security Policy Committee.

Democratic Rep. Luis Garcia Jr. noted he helped pass a 2,500-foot residency limit as a city commissioner in Miami Beach.

"As far as I'm concerned if you want to send them to Georgia, I would be happy to do that, too," Garcia said. "I'm not going to apologize."

Rep. Darryl Rouson, D-St. Petersburg, recalled people "once unapologetically burned witches at the stake."

Garcia said he'd like to see "a study of longer incarceration, just putting them away and throwing the key away."

In an interview, lobbyist Ron Book, who has pushed for passage of state and local residency restrictions, said the studies conflict with data from Miami-Dade County showing absconding and crimes against children have gone down while compliance with sex offender registration requirements has gone up.

"Those studies are written by people who counsel predators and offenders," Book said. "The studies in and of themselves, to me, become suspect."

He said residency restrictions have a place but acknowledged distances "can be discussed and debated."

Book and some committee members also voiced support for safety or no-loitering zones around places where children congregate and electronic monitoring.

"They need to be monitored 24/7 so that they don't hurt our children," said Rep. Julio Robaina, R-Miami.

Harkness said safety zones typically are about 300 feet in radius, and are more effective than residency limits.

"They prevent the offenders from going to these places and engaging the kids, cultivating relationships and grooming them for sexual purposes," Harkness said. ..Source.. by BILL KACZOR