Friday, May 8, 2009

A State Supreme Court Decision Prompts Legislators to Act on Toughening Megan's Law

By: Rosetta Key

This week the State Supreme Court struck a blow to virtually all local ordinances that restrict where convicted sex offenders can live. Now, officials in well over 120 New Jersey municipalities and State lawmakers are pondering their next move to close what they're calling holes in Megan's Law.

In Monmouth County, Middletown has a sex offender residency ordinance that mirrors its drug-free school zones rules. Township Attorney Brian Nelson says "the ordinance set exclusionary zones that would prohibit a sex offender from residing within certain areas of the township near public schools, parks, playgrounds and the like."

Nelson says following this week's ruling, they'll be closely examining the language of the Supreme Court Judges because he says they didn't outright say that all such ordinances would be banned. He says "they'll be looking to see whether there is possibly a less restrictive means that would comply with the court's decision. If not, it would likely have to be repealed."

Meanwhile, Shore area State Lawmakers accuse New Jersey's Supreme Court Judges as being activist judges who routinely legislate from the bench. For them, the decision by the judges to strike down the Pedophile Free Zones ordinances in Galloway Township and Cherry Hill only serves as a rallying cry to push through state legislation to restrict where convicted sex offenders can live.

Monmouth County's 12Th District Assemblywoman Caroline Casagrande says there are several bills sitting in the Assembly that would place residency restrictions on high risk sex offenders. She says "if the Supreme Court says the municipalities can't plug those holes in Megan's Law, I think its time that the legislature steps up and moves that legislation through."

Casagrande sits on the Assembly Judiciary Committee and says she'll be recommending that they review some of those bills before they break for the summer to make sure that we bar some of these high-risk sex offenders from living next to our schools and playgrounds.

Ocean County's 9th District lawmakers, Senator Chris Connors, Assemblyman Brian Rumpf and Assemblyman Dan Van Pelt introduced a residency restriction measure that's been languishing in committee. Connors says, "now that the Supreme Court has had the final word, I think now it's time for the legislature to correct the law to extend it to allow Megan's Law to be applied so that we can establish residency restrictions."

Connors says the court's decision adds further credibility to their measure and they'll be asking the presiding officers of both houses to support the legislation and get it out of committee and try to get it out to a vote.

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