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September 9, 2006

Compilation of sex offender residency/movement restrictions?

One of the many interesting aspects of the new federal sex offender legislation, the Adam Walsh Child Protection and Safety Act of 2006 (discussed here and here), is the notable lack of an provisions concerning sex offender residency and movement restrictions.  As previously discussed here and here, laws restricting where sex offenders can live and go have become very popular with states and localities.

This past week I asked a research assistant to see if anyone have produced a comprehensive compilation of state and local laws creating sex offender residency and movement restrictions.  It now dawns on me that I should also try blegging.  So can anyone send me compiled information about these laws?

September 9, 2006 at 08:06 AM | Permalink

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Tracked on Sep 10, 2006 11:52:51 AM

Comments

To compile a list of anything below the state level is an impossible task, really. It would be outdated within days, considering the number of counties, cities, townships and so forth that either have a law, are considering a law, enacted a law that's facing legal challenge, or are in the process of changing existing law.

At this time, an offender who may need to travel more than a few miles would have to research what, if any, laws restrict his movements; take out a map and compass to figure out where s/he is permitted to drive, walk, or stop to get gas; determine if s/he is required to register in the local area, even if just passing through; determine if s/he will be absent from residence long enough that local law enforcement must be advised on the absence; then make sure there aren't exceptions or additional provisions at the county or state level that may supercede local law. Any and all of the above may apply, even if the original conviction is decades in the past and the offender not "technically" subject to supervision.

Posted by: Ilah | Sep 9, 2006 11:59:43 AM

Doug:

Make sure you post the results once you have them. I am unaware of any current listing of the restrictions and how they vary from state to state & town to town.

I want to concur, however, with the last comment. Where I practice 100+ localities have enacted ordinances that limit movement &/or residency of a convicted offender. The ordinances change weekly and seemed to often be aimed at specific residences or specific offedners so county / local rules are impossible.

- k

Posted by: karl | Sep 9, 2006 12:34:44 PM

Sosen.org might be of some help Doug. I hear there is a state by state chart or some such thing on the site somewhere. I've visited but not recently. Let us (readers) know if it was helpful. Thanks.

Posted by: majormori | Sep 11, 2006 4:55:50 PM

Ohio communities have reformed the Ordinance 165-05 that was adopted in N. Canton to read
a 1,000 feet from where childr socialise at
the ordinance originally read 2,500 feet.
Attorney Generals report claims that 85% will reoffend sexually in the state they were convicted in.
Coshocton, Newark, Zanesville, Hilliard, N.
Canton now have this ordinance. Warsaw, New
Philadelphia, West Layfaette are considering
adopting this ordinance.
And Zack Space is working on this in the 18th district at this time.

Posted by: CASOO SAFE ZONE | Oct 5, 2006 1:39:54 PM

40 Ga. L. Rev. 961 Is a Spring 2006 article I just came across that does some compiling. (I am an attorney currently working on one of the challenges to the Ohio residency restriction statute)

Posted by: Jeff | Oct 9, 2006 5:39:12 PM

Im the founder of CASOO SAFE ZONE here in Ohio and it is also a fact Im not a lawyer but I have been getting an ordinance passed where sex offenders can reside. Im well known by WHIZ and News Papers for my movement. So you can imagine my surprise when I saw my mo on this site and it was not me doing the posting. Ordinance 165-05 has been challenged in two courts and upheld under the child safety zoneing laws. Kentucky recently started vacating offenders from the areas children reside in. PA just recently acknowledged 2,000 sex offenders were not registered, and Iowa the ordinance was challenged by offenders, and both courts upheld the ordinance under Doe.vs.Miller. Warsaw, Dover, and other areas I distribute this ordinance to personally are attempting to adopt my ordinance of 1,000 feet away from day cares, preschools, swimming pools, public parks, libraries, schools and other areas of concern where children socialise at. And if the person who posted under CASOO SAFE ZONE was actually a part of Citizens Against Sexually Oriented Offenders SAFE ZONE they would have known that on October 5, 2006. Im proud of my group and Im proud of its name, its why I own the patent and copy rights to it, and make tee shirts with faceless children and our saying in the balloons" Remember the face to stay safe so that innocence is never lost to a PREDATOR." its not hard to find us for information either we are at fromwhisperstor.6.forumer.com/index and if anyone wants information this site is the one to come to for answers on what all states in the US are doing where children are concerned with this ordinance and others like it. Also youll find me there in the member list check out some of my writings and others who are members Im sure if you are lawyers or a part of the system you will be amazed. But CASOO SAFE ZONE well thats mine and has been for awhile now so whoevers using it use it wisely, Im worse than a mad mother bear over a cub when some one miss uses my good intentions where children are concerned, see Im the survivor of sexual criminal acts, and choose not to be the victim anymore! Thank you for reading my thoughts on residency for sexual predators/offenders.

Posted by: L. Wilson | Nov 7, 2006 8:33:47 AM

OOPS I just found out who that person was and well they are part of CASOO SAFE ZONE shes forgetful some times and so I apologise. Her statement was correct and she is a good intentioned person. To date CASOO SAFE ZONE has been circulating ordinance 165-05 and it was adopted by the current ones listed, we are moving into Guernsey County as they have no residency law or a ordinance that tells offenders no contact with children on Halloween night, shame on them they are neglecting childrens rights to move freely on a night meant for them not the sexual offender.
Most of the communities that have adopted ordinance 165-05 have reshaped it to conform to their communities needs, and it does not prohibit the sexual offender from residing in the community just the areas where children socialise at, so higher courts have upheld it when it was challenged. Jeff if you would please contact us at the link we left for you and we can help you out on the issues you seek answers for in this area.
At this time we are attempting to educate the parents of communities before presenting ordinace 165-05 to their council members for consideration, it helps to get them involved in calling or signing our petition and no they do not have to be registered voters just parents with children in the range areas that could be violated. We attend these meetings and speak out on this very issue. Our group has gone from a whisper to a roar and will continue to roar until legislation hears us the survivors and makes the changes needed for sexual crimes committed against children........ And sorry LS did not know you had posted.

Posted by: L. Wilson | Nov 7, 2006 8:50:28 AM

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