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71 Fed. Probation 2 (2007)
Sex Offender Residence Restrictions - Sensible Policy or Flawed Logic

handle is hein.journals/fedpro71 and id is 2 raw text is: 2 e si l FEDERA PROBATIO Voum 71w e Number? Jill Levenson, Ph.D., Lynn University Kristen Zgoba, Ph.D., New Jersey Department of Corrections Richard Tewksbury, Ph.D., University of Louisville SEXUAL VIOLENCE IS a social problem that inspires immense fear and wrath in our society. As such, public policies designed to monitor and restrict sex offenders are becom- ing increasingly popular in the United States. Since 1994, the Jacob Wetterling Act has required convicted sex offenders to register their addresses with law enforcement agents to facilitate better tracking and monitoring of these particular criminals. Megan's Law, enacted in 1996, modified the Jacob Wet- terling Act by allowing registry information to be disclosed to the public. These laws were the initial stepping stones and evolved from registration to notification and now include housing restrictions. As a result of this pro- gression, at least 22 states and hundreds of local municipalities in the U.S. have passed laws prohibiting sex offenders from living within close proximity (usually 1,000 to 2,500 feet) to schools, parks, playgrounds, day care centers, and other places where children congregate (National Conference of State Legislatures, 2006; Nieto & Jung, 2006). The effectiveness of residence restrictions policies on sex crime prevention is largely unknown because empirical investigations of this topic are virtually absent in the literature. While there is wide consensus on the need for improved community safety from sex offend- ers, there is considerable debate as to whether current criminal justice responses intended to reduce sexual offending are successful (Edwards & Hensley, 2001; Levenson, 2003; Levenson & D'Amora, 2007; Petersilia, 2003; Prentky, 1996; Welchans, 2005; Zgoba, 2004). Hampering the ability of stakeholders to make informed decisions is the complete lack of empirical data on the effects of residence restrictions on rates of sexual offending and recidivism. Yet, sex offender housing laws have enjoyed overwhelming support as they have swept across the United States. Review of Relevant Literature Twenty-two states now have laws restricting where sex offenders can live, with 1,000 to 2,500-foot exclusionary zones being most common (National Conference of State Leg- islatures, 2006; Nieto & Jung, 2006). Since a series of highly publicized murders of several young children by convicted sex offenders around the country in 2005, hundreds of cities and towns nationwide have also passed local ordinances, often increasing restricted zones to 2,500 feet. Some of these regulations have allowed a grandfather clause for sex offenders who established residency prior to the passage of the law, and some (but not all) waive restrictions for juvenile or statu- tory offenders. Some localities have made it a crime for landlords to rent to sex offenders, making it more difficult for them to secure rental properties. When the constitutionality of residence restrictions has been challenged, these laws have generally been upheld (State v. Seer- ing, 2005; Doe v. Miller, 2005), and the U.S. Supreme Court has declined to rule on the issue. However, the legal status of such laws has not been firmly and consistently estab- lished. A Georgia law banning sex offenders from living or working within 1,000 feet of school bus stops (with no grandfather clause) has been granted class action status and a temporary injunction preventing enforce- ment of the law is in effect (Tewksbury, in press). A judge in California ruled after the overwhelming recent passage of Proposition 83, a comprehensive bill requiring sex offend- ers to live 2,000 feet from a school or park, that the law could not be retroactive. Two judges in New Jersey have declared township ordinances unconstitutional because they violated the state's Megan's Law, which prevents sex offender registration status from being used to deny housing or accommoda- tions (Elwell v. Lower Township, 2006; G.H. v. Galloway Township, 2007). A Kentucky judge ruled that retroactive housing laws applied to those who established residences before the law took effect violate ex post facto protec- tions (Commonwealth v. Baker, et al., 2007). He opined that residence restrictions are clearly punitive and that to argue otherwise is intellectually dishonest. He added that such laws are minimal at best and completely illu- sory at worst (p. 26) and that they appear to be little more than a political placebo, offering false comfort to pacify the public's fear (p. 27). Effects on Recidivism No research has yet been conducted to mea- sure the efficacy of existing residence laws, but one study investigated the potential for sex offender residence restrictions to prevent repeat sex crimes (Minnesota Department of Corrections, 2007). Though no statewide residence law exists in Minnesota, research- ers analyzed the patterns of 224 sex offenders released from Minnesota correctional facili- ties who sexually recidivated between 1990 and 2005. The results showed that not one of the 224 cases likely would have been deterred by residence restrictions. A minor- ity of the 224 offenders initiated contact 2 FEDERAL PROBATION Volume 71 Number 3

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