TRENTON - The state Senate on Thursday voted to allowmunicipalities to pass ordinances imposing strict rules on howclose sex offenders can live to schools, parks, school bus stopsand child care centers.
The bill, approved 31-0, would enable towns to block registered sexoffenders listed as a high or moderate risk from living within 500feet of those sites where children congregate.
Local governments also could pass laws requiring a distance of 250feet between a sex offender's registered address and a school busstop, although no municipality would be forced to passrestrictions.
The legislation would allow municipalities to enact suchrestrictions without violating state law that says thoserestrictions could amount to additional punishment for offenders.The bill puts a significant burden on municipalities to locate newschool bus stops and child care centers away from offenders' homes,rather than allowing a municipality to make an offender move.
The bill requires towns that pass the ordinances to put togethermaps laying out restricted zones where offenders would not bepermitted to live.
However, the final determination of where an offender lives wouldbe made by parole board officials, who could review housing optionsand make "needs-based" exceptions for any offender.
Sen. Fred Madden, D-Gloucester, Camden, who sponsored thelegislation, said he acted in response to a 2009 state SupremeCourt decision that struck down local ordinances that imposedrestrictions on where registered offenders may live.
The court ruled that no permissive, standardized language existedin state law to accommodate the creation of those zones.
Madden said his bill puts that language in place.
"This gives a workable way, we hope, for towns looking at this. Itwas written in a way that hopefully would avoid anunconstitutionality challenge," he said.
That news pleased officials in towns that have tried to passsex-offender residency laws, among them Galloway Township inAtlantic County. In 2009, the state Supreme Court struck down twoordinances, in Galloway and Cherry Hill, Camden County, that triedto stop registered sex offenders from living in many parts of themunicipalities.
Because of those rulings, 118 municipalities, including Ocean City,Millville, Margate, Wildwood Crest, Wildwood, Egg Harbor City andSea Isle City, had to repeal similar ordinances.
Galloway Mayor Keith Hartman said Thursday that he wanted to seetowns attempt to pass residency laws again.
"You don't compromise on the safety of children," he said.
But he acknowledged the bill puts much of the planning on thetownship's shoulders.
Offenders moving into a municipality would have to avoid theestablished zones, but Madden and others were less clear on howretroactive the ban would be.
Meanwhile, towns must do their own research to avoid putting childcare centers and school bus stops within distance of offenders'homes.
Madden said such a proactive stance is part of government'sresponsibility to protect its citizens.
"As prime sponsor of this bill, I say if it was in my district, theschool district has to move the bus stop," he said.
The bill has been introduced in the Assembly but has not beensubject to a committee hearing.
Contact Juliet Fletcher:
JFletcher@pressofac.com
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