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BY TOM HESTER
NEWJERSEYNEWSROOM.COM
UPDATED
The Assembly Judiciary Committee Monday unanimously approved legislation that would allow cities and towns to prohibit convicted sex offenders from living near schools, playgrounds or child care centers.
The proposal, which is in response to a recent state Supreme Court ruling that struck down more than 100 local ordinances that dictated where sex offenders could not live. It does not have the support of local officials or the public defender's office.
The bill would authorize municipalities to prohibit sex offenders over age 21 from residing within 500 feet of schools, playgrounds or child care centers.
The Supreme Court held that local laws are not necessary because under Megan's Law, parole officers limit where sex offenders can reside after release from prison. The high court also held that under Megan's Law, municipalities cannot create their own residency laws. But the justices left it up to the Legislature to determine whether municipalities should have that power.
"The Supreme Court created a legal void that the Legislature now must attempt to fill,'' said Assemblyman Wayne DeAngelo (D-Mercer), a prime sponsor. "State law needs to be clear that towns can be empowered to enact ordinances that fit a standard model, make sense for their communities and will ultimately protect kids and give families peace of mind.''William G. Dressel, director of the New Jersey State League of Municipalities, the lobbying arm for municipal governments, said local officials cannot support the legislation.
"We stand ready to meet with the sponsors and to help them craft a bill that would establish enforceable, sustainable limits on sex offender residency,'' Dressel said. "Local ordinances passed pursuant to this bill would, inevitably, be challenged in the state courts. This will delay enforcement of the restrictions, possibly for years, and impose significant litigation costs on local property taxpayers.''
Dressel added, "Unfortunately, the (legislation) does not set a state-wide standard. We believe that amendments are needed to protect this bill from a successful legal challenge and, thereby, allow it to protect as many children as it can, as quickly as possible.''
Public Defender Michael Buncher also opposes the measure. "If you don't have a place to live anymore, you're not going to register, that seems to be what happens,'' he said.
The bill includes a provision that would allow minors convicted as sex offenders to attend college and live on campus.
In a related action, the Judiciary Committee also unanimously approved legislation that would increase prison sentences for people who commit sex crimes against minors and anyone who harbors them.
The proposal is named after Jessica Lunsford, a Florida girl who was kidnapped, sexually assaulted and murdered by a registered sex offender. New Jersey is one of a handful of states that has yet to adopt the Jessica Lunsford Act. It imposes mandatory imprisonment of 25 years to life for first-degree sex crimes against children and imposes a three-year sentence on anyone caught helping a person not complying with registration provisions of Megan's Law.
"I am pleased that this legislation was moved with the unanimous support of the committee," said Assemblywoman Nancy Munoz (R-Union), a prime sponsor. "It sends a clear message that heinous crimes related to sexual assault on minors will not be tolerated and dealt with severely. My late husband, Assemblyman Eric Munoz, who was the original sponsor of the bill, was determined to address this issue and send a clear message that New Jersey will not stand for this type of conduct.''
"Punishment for horrible crimes against children must be severe, and anyone who preys on our young will face tough sentences," said Assemblywoman Mary Pat Angelini (R-Monmouth), another prime sponsor. "This legislation needs to become law without further delay."
The two bills have wide bipartisan support as they move to the full Assembly for consideration.
