How To Report A Registered Sex Offender Who Is In Violation Of The Distance From A Public Park
Topic:
DAY Care; LEGISLATION; State BOARDS AND COMMISSIONS; MUNICIPALITIES; RESIDENCY REQUIREMENTS; Sexual activity CRIMES; MUNICIPAL ORDINANCES; SCHOOLS (GENERAL);
Location:
Sexual practice OFFENDERS;
| May 23, 2007 | 2007-R-0380 | |
| SEX OFFENDERS ' RESIDENCY RESTRICTIONS | ||
| By: Sandra Norman-Eady, Principal Attorney | ||
Yous asked for information about state laws and local ordinances that prevent registered sexual practice offenders from residing in or visiting certain areas.
SUMMARY
Equally of Baronial 2006, at least 21 states and over 400 local governments had adopted sexual activity offender residency restriction laws and ordinances, respectively, according to the California Research Agency in an Baronial 2006 report entitled The Impact of Residency Restrictions on Sex Offenders and Correctional Management Practices: A Literature Review. These laws are modeled afterwards nuisance codes, creating sex offender-free zones similar drug-costless zones. They typically prohibit sex offenders from living, and sometimes working or loitering, within a specified distance of designated places where children congregate.
Like all states, Connecticut requires sexual activity offenders to register. And similar most states, law must notify residents when a sex activity offender moves or returns to their neighborhoods. Only, the land has not enacted a law restricting sex offenders ' residency. This could alter soon, all the same. A beak, sHB 5503, currently before the General Assembly requires the Risk Assessment Board to utilise the risk assessment scale it develops to determine the sex offenders who should be prohibited from living within one,000 feet of the property comprising an elementary or secondary school or a licensed center- or home-based child mean solar day intendance facility.
Danbury is the only city in this state known to have an ordinance restricting sex offenders ' residency. The ordinance prohibits sexual practice offenders from entering a public park, playground, recreation heart, bathing beach, pond puddle, sports field, or sports facility.
Proponents of residency restrictions argue the demand to safeguard potential victims and opponents contend the need to track offenders. Nosotros have found no empirical studies on whether these laws reduce crime rates.
Ramble challenges to the laws and ordinances have been unsuccessful.
Groundwork
States began trying to keep track of sex offenders over 50 years ago, when, in 1947, California enacted the showtime sex offender registration law. At present all states have sex offender registration laws that help law enforcement agencies proceed track of offenders ' movements.
In the mid 1990 ' s states, following the federal government ' s lead, enacted community notification laws that crave law enforcement agencies to inform residents of the identity and location of sex activity offenders in their neighborhoods. These notification laws caused people to complain to their local official when sex offenders moved into their neighborhoods. As a event, 5 years after the first notification law the first sex offender residency and kid safety zone restriction law was enacted in Texas.
SEX OFFENDER RESIDENCY RESTRICTION LAWS AND ORDINANCES
State Laws
At least 21 states have laws restricting where registered sex offenders tin visit or alive. The nearly common blazon of brake prohibits them from residing within a certain distance of specified places where children congregate. Distance markers mostly range from i,000 to ii,000 feet from the designated place; however, Illinois and South Dakota have 500 human foot distance markers. Some states limit the restrictions to offenders (1) convicted of only the most serious offenses (Arkansas, California, Indiana, and Louisiana) or (2) most probable to reoffend based on some type of gamble assessment (Minnesota and Washington). Table 1 shows the 22 states, lists their relevant statutes, and describes the ban.
TABLE 1: RESIDENCY RESTRICTIONS BY Country
| States With Sex Offender Residency Restriction Laws | ||
| Country | Statutory Citations | Restriction |
| Alabama | � 15-20-26(a) | A sexual practice offender may not live or work within 2,000 anxiety of schools or childcare facilities. |
| Arkansas | � 5-14-128 (a) | A level three or four (well-nigh serious) sex offender cannot alive within ii,000 feet of schools or daycare centers. |
| California | Due west&I Code � 6608.v (f) (2005) Penal Code � 3003 (g) (one) (iii) | A sexually vehement predator or a serious paroled sexual practice offender cannot live inside one-fourth of a mile of a school, and loftier-risk paroled sexual practice offenders cannot live within one-half mile of a school, daycare center, or place where children besiege. |
| Florida | � 947. 1405 (7)(a)(2) | A sex offender whose victim was under 18 years old cannot alive inside one,000 feet of schools or places where children congregate. |
| Georgia | �� 42-ane-13 and 42-1-fifteen | No sex offender may alive, piece of work, or loiter within 1,000 feet of any school, childcare facility, school bus stop, or place where minors congregate. |
| Illinois | � 5/eleven-9.three (b-5) | A child sex activity offender may not live within 500 anxiety of a school or school property. |
| Indiana | � 11-13-3-4 (g) (2) (A) | A violent sex offender cannot live within 1,000 feet of whatsoever school belongings while on parole. |
| Iowa | � 692 (A)(2A) | A sexual offender may not live inside 2,000 feet of a school or childcare facility. |
| Kentucky | � 17.495 | A sex offender may not alive within ane,000 feet of a school, childcare facility, brawl field, or playground. |
| Louisiana | �� 14:91.i and fifteen.538 | A sexually violent predator and serious paroled sex offender may not live within i,000 feet of schools or related schoolhouse activities, including school bus stops for life or duration of parole or probation. |
| Michigan | �� 28.721 to 28.732 | A sex offender cannot live within ane,000 feet of schoolhouse safety zone. |
| Minnesota | MSA Chap. 244.052 et al. | The parole commissioner determines if a level 3 sexual practice offender may live within 1,500 feet of school zones. |
| Missouri | � 589.417 | A sex offender may non live inside 1,000 feet of a school or childcare facility. |
| Ohio | � 2950.031(A) | A sex offender cannot alive within one,000 feet of whatever school, childcare facility, or place where children gather. |
| Oklahoma | OSA Tit. 57 � 590 | A registered sexual practice offender cannot live within 2,000 feet of a school. |
Table i: –Continued-
| States With Sex Offender Residency Restriction Laws | ||
| State | Statutory Citations | Restriction |
| Oregon | �� 144.642 (1)(a) and 144.644(ii)(a) | The Section of Correction decides where and how close a sex offender can live to a schoolhouse or daycare middle based on a decision matrix. |
| South Dakota | � 22-24B | A sex offender cannot alive or loiter within 500 feet of customs safety zones. |
| Tennessee | � twoscore-39-[2]11(a)-(b) | A sex activity offender cannot live within 1,000 feet of schools, childcare facilities, or the victim. |
| Texas | Texas Govt. Code Chap. 508.187 (b) | The country parole board decides how close to a child safety zone a paroled sex offender can alive or visit. |
| Washington | �� ix.94A.712(6)(a)(two) and nine.95.425-430 | A sex offender convicted of a serious law-breaking with a high-chance assessment (Level II or III) cannot live within a community protection zone (within 880 feet of any schoolhouse or daycare center) |
| Westward Virginia | � 62-12-26 (b) (1) | A paroled sex offender cannot live within i,000 anxiety of a school or childcare facility. |
Source: California Research Bureau/ California Land Library, 2006.
Local Ordinances
According to the California Research Bureau, over 400 municipalities have enacted restrictive ordinances, primarily within the past ii years. States with known local ordinances include California, Florida, Georgia, Iowa, New Jersey, New York, Texas, Virginia, and Washington. The number of municipalities with such ordinances varies past land but according to the bureau, at to the lowest degree 113 municipalities in New Jersey and sixty in Florida take them. Similar state laws, local ordinances on this consequence either preclude offenders from certain areas where children are known to congregate or institute distance markers.
Danbury is the only city in Connecticut with such an ordinance. It prohibits kid sex offenders who are required to register in this country from being nowadays in whatever kid condom zone. A "child safe zone" is a public park, playground, recreation center, bathing beach, swimming or wading pool, or sports field or facility and surrounding land.
The prohibition does not apply to any person:
i. whose name has been removed from the Department of Public Safe ' s Sexual activity Offender Registry or from the registry in some other land or in the federal or military system by courtroom gild or expiration of the registration term or
2. entering into a polling place in a child safety zone to vote if he leaves immediately later voting.
If a police officer reasonably believes a child sex activity offender is in a child safety zone in violation of the ordinance, the role must ask him to provide his name, address, and telephone number. If the officeholder ' south belief is confirmed, he or she must issue the offender a written warning and require him to leave the area. An offender who refuses to exit and subsequent offenders are bailiwick to a $100 fine for each violation. The fine does not apply if the offender ' s bear results in his conviction for a new criminal offense or if his parole or probation is revoked because of information technology (Danbury Urban center Ord. � 12-27).
ARGUMENTS FOR AND AGAINST RESTRICTIONS
The most powerful and often the unmarried statement in support of safety zones or residency restrictions is that they reduce recidivism rates past keeping potential victims safe and apart from offenders. Opponents argue that these restrictions have a number of unintended consequences. For example, they (1) isolate offenders, often forcing them to live in rural areas that lack jobs, transportation, housing, and treatment; (2) create homelessness, making it hard for law enforcement officers to track offenders; (3) cause offenders to go underground and not update registration information; and (4) can prevent offenders from residing with supportive family unit members who alive in the restricted areas.
CONSTITUTIONALITY OF RESIDENCY RESTRICTIONS
Residency restrictions have withstood constitutional challenges in trial and appellate courts in Illinois, Iowa, Ohio, and South Dakota. At event in these cases collectively was whether the restrictions (i) impose criminal sanctions that penalize offenders whose convictions are final in violation of the ex mail facto clause of Article I, Department 10, Clause 1, of the U.Due south. Constitution, (ii) violate the constitutionally-protected right to travel, or (3) discriminate against offenders in violation of the xivthursday Amendment ' s Equal Protection Clause.
These courts have held that (one) residency restrictions are a form of civil regulation intended to protect children and thus prohibitions on ex mail facto laws practise non apply; (2) the federal constitution does non include a right to live where one chooses; and (3) residency restrictions are rationally related to states ' legitimate interests in protecting children from harm (see Doe five. Miller, 405 F. 3d 700 (8thursday Cir. 2005); State v. Steering, 701 North.West. 2d 655 (Iowa 2005); Coston five. Petro, 398 F. Supp. 2d 878 (South.D. Ohio 2005); and People v. Leroy, 357 Ill. App. 3d 530 (2005)).
SN-E:ts
How To Report A Registered Sex Offender Who Is In Violation Of The Distance From A Public Park,
Source: https://www.cga.ct.gov/2007/rpt/2007-r-0380.htm
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