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1 Drexel L. Rev. 175 (2009)
Sex Offender Residency Restrictions: How Common Sense Places Children at Risk

handle is hein.journals/drexel1 and id is 179 raw text is: SEX OFFENDER RESIDENCY RESTRICTIONS: HOW COMMON SENSE PLACES CHILDREN AT RISK Lindsay A. Wagner* I. INTRODUCTION Sex offender residency restrictions (SORRs) are a manifesta- tion of the American public's retributivist attitudes and biased fears1 -attitudes and fears that ultimately result in ineffective policy choices. Over the last quarter century in the United States there has been a reemergence of just deserts as a ge- neralized theory of policy. This retributivist policy is particu- larly salient in recent civil sanctions levied against sex offend- ers after their release from prison. Sex offenders, as a group, incite the public's fear and hatred, and politicians seeking to curry electorate favor often support increasingly harsh sanc- tions against these political pariahs of our day.2 Most re- cently, in an attempt to keep communities safe, at least twenty- two states3 and hundreds of local municipalities have placed severe restrictions on where sex offenders may live after being released from prison. These restrictions typically exclude sex offenders from living within 1000 to 2500 feet of schools, parks, day care centers, and other areas where children con- *J.D. candidate 2009, Drexel University Earle Mack School of Law; B.A. 2002, University of Pennsylvania. I would like to thank Professor Rose Corrigan for her guidance and instruction, as well as Professor Daniel Filler for introducing me to this area of law. I am also incredibly grateful to Robert L. Brown for his unyielding support and encouragement. 1. See Part II.A for a brief discussion regarding research indicating that morals and preju- dice rather than fear may actually motivate the public's retributivist attitudes. For simplicity, this paper will refer to public attitudes as fear-driven with the caveat that research supports other motivators as contributing factors. 2. Kentucky v. Baker, No. 07-M-00604, slip op. at 9 (Kenton Dist. C. filed Apr. 20, 2007), available at http:/ / theparson.net/ so/residencyrestrictions.source.prod-affiliate.79.pdf, cert. granted, 2007-SC-000347 (Ky. Aug. 23, 2007). 3. See GARRINE P. LANEY, DOMESTIC SOC. POLICY DIV., CRS REPORT FOR CONGRESS: RESIDENCE RESTRICTIONS FOR RELEASED SEX OFFENDERS 18-27 (2008), available at http:// www.criminallawlibraryblog.com/CRS RPT DomesticViolence-02-05-2008.pdf. The report includes a table detailing the state statutes. Since the report was published, Indiana's statute was invalidated as ex post facto punishment by Indiana's Appellate Court in State v. Pollard, 886 N.E.2d 69 (Ind. Ct. App. 2008).

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