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08/20/2009
By Siobhan A. Counihan
A handful of Gloucester County municipalities attempting to restrict where sex offenders may live
are slowly repealing residency ordinances, since they were invalidated by a May ruling from the state Supreme Court.
Logan and Woolwich townships have repealed their respective residency restriction ordinances, and Westville has begun to take steps in that direction. Monroe Township will begin to repeal its own ordinance later this month, according to officials.
Franklin Township, however, is holding out in the hopes that a state Assembly bill would allow the restrictions to stay in place and be enforced.
"
It's a non-enforceable local ordinance," Mayor Joseph Petsch said. "
We have no intentions of enforcing it at this particular time. We're still waiting for the state to do something. They should be able to give the municipalities the ability to protect the kids and I think that's what it's all about. Give us some guidelines."
The state Supreme Court ruling invalidated more than 100 municipal ordinances creating "
pedophile-free" zones, ruling that the state already manages where sex offenders can live with
Megan's Law which mandates that offenders have their housing approved by parole officers, among other requirements.
The court, however, left it open for legislators to amend the law if they saw fit.
Lawmakers have since pitched a bill that would create a standard for municipalities that want to enact their own laws allowing them to restrict the most serious offenders from living up to 500 feet from playgrounds, elementary and secondary schools, and day care centers.
Petsch said that such a law is exactly what the state needs.
"
Rather than each municipality having its own individual ordinances, the legislation is the way to go," Petsch said. "
It would give municipalities the ability to protect the kids, which is what our original ordinance did."
Assemblywoman Pamela Lampitt (
Contact), D-6, of Cherry Hill Township, a sponsor of the legislation, said that the bill would allow municipalities to enact such restrictions if they so choose, but it would also create guidelines "
that are really necessary for it to be possibly upheld in the courts."
"
It didn't make a whole lot of sense for each one of the municipalities to start creating their own ordinances that were not going to be upheld," Lampitt said.
The bill would not zone sex offenders completely out of a municipality as opposed to a Cherry Hill ordinance stricken by the Supreme Court that prohibited offenders from living in virtually the entire township and allows for towns to decide how much of a buffer to put in place up to 500 feet.
Additionally, only the most serious offenders under Tier 2 and Tier 3 would be included. And the ordinance would only apply to those over age 21.
Westville Councilman James Pennington Jr., a major proponent of the borough's residency restriction ordinance when it was first enacted, said he'd be very interested in such a bill if it were to be signed into law.
The borough is repealing its own sex offender residency restriction ordinance to avoid legal action.
"
That may be the answer to this big question," Pennington said. "
If the fact is that we're superseding the state law, then if the state law changes, we could meet that. I really would like to see all the protection that we can afford our children, and the Constitution means a lot to me, too I don't want to violate anyone's constitutional rights."
- Well, making someone live by ex post facto laws, and being on the registry for life, is a direct violation of their rights. So it sounds to me like you are just saying that to "sound good!"
The Supreme Court ruled only that municipalities did not have the authority to supersede state law, holding that legislators are meant to be the exclusive voice on the issue.
The justices stopped short of considering possible constitutional issues, which opponents have cited as a problem.
Critics of residency restrictions have said that they unconstitutionally punish offenders, who have already served their sentences, twice.
Lampitt said that such issues have been thoroughly considered, and the bill is more likely to hold up since the Assembly has been working hand-in-hand with the state Attorney General's office.
"
What we did is we really flushed out some of the issues that were problematic in each one of these smaller municipal ordinances," Lampitt said. "
For example, some municipalities included bus stops as places sex offenders couldn't live near. There's a bus stop on almost every corner, so there would be no place for a sex offender to live."
Logan Township Mayor Frank Minor also expressed interest in such a measure, provided there's a way to enact such restrictions without violating the Supreme Court ruling.
"
We passed the law the first time, so we would reenact it, absolutely," Minor said. "
It's an important issue. It speaks for itself."
Kevin Hydel, Monroe Township administrator, also said the council there would likely be interested in such a measure.
"
It's something that the council would look at, I'm sure, only based on the fact that they implemented the original ordinance," Hydel said. "
I'm sure they'd maintain some interest in doing something."
The bill was unanimously approved by the
Assembly Judiciary Committee, but it has not gone to the full Assembly. The Senate has yet to hear an identical measure. The legislature is on recess until November.
Lampitt said it's her goal to get the bill passed this year, although time may be running out.
"
It's a priority for me," Lampitt said. "
And if it doesn't get done at the end of this legislative session, it would be something I'd take back up again. Since we've been able to flush out the details, we're starting off at a better point where we'd be able to probably move this along."
Petsch said he's "
extremely disappointed" that the issue wasn't pushed harder this year.
"
To me, this piece of legislation should've been a priority item to our state legislators and they should have moved on it in an expedited manner," Petsch said. "
That's what I'm looking for the state legislature to do, is do the right thing step up and do their job of making a law that would allow it to be enforceable in every municipality in the state."
- Also, don't forget to uphold your oath of office, to uphold the US and state constitutions!
"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution)
